The Guidelines For Patent Examination (2010)

Original Language Title: 专利审查指南(2010)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253035.shtml

The guidelines for patent examination (2010)

    (Released on January 21, 2010, the State intellectual property office, the 55th since as of February 1, 2010) objectives The State intellectual property office, as the Administrative Department for patent under the State Council, commissioned by the State intellectual property Office (hereinafter referred to as the Patent Office) accepting, approving patent applications, the Patent Office to make decisions on behalf of the State intellectual property office.

    The State intellectual property office set up a patent reexamination Board, is responsible for the review and the review of the request for invalidation and making decisions.

    For an objective, impartial, accurate and timely handle any patent application and request the State intellectual property office according to article 122th of the implementing rules of the patent law in formulating the guidelines for patent examination (hereinafter referred to as the guidelines).

    This guide is the embodiment of the patent law and its implementing rules, so that is the basis of patent offices and patent reexamination Board Administration and standards and relevant parties during each of these phases should comply with the regulations.

    This guide is based on the 2006 Edition, December 27, 2008, the People's Republic of China patent law and promulgated on January 9, 2010 the People's Republic of China implementation rules of the patent law as well as practical work needs to be revised, and published as internal regulations of State intellectual property office.

    Instructions for use 1.

    This guide includes the introduction, instructions, list of abbreviations, directories, text, index, revision notes and appendices. 2. Main body of this guide is divided into five parts: the first part (preliminary examination), part II (substantive examination), part III (examination of the international application entered the national phase), the fourth part (review and an invalid request for review), and the fifth part (patent application and transaction processing).

    Diyi、er、sibu in order of approval process for patent application, the third part is the entry into the national phase of the international application review of specific provisions, the fifth part is the application of the common rules. 3. Chapters in the various parts of this guide, chapter, under the section, section is divided into four levels, with Arabic numerals in order to determine its position. For example, in chapter III of part II of this guide (novelty), 2. 1. 2. 2 (open) is a fourth-level section, it belonged to the third-class section 2. 1. 2 (exposed), 2. 1. Section 2 section belong to the second-level 2. 1 (prior art), 2.

    Section 2 section 1 belongs to the first level (the concept of novelty). 4. This guide includes general directories and sub directories to the directory. List lists the names of chapters in part from first to fifth and their corresponding page numbers; directory lists the parts of chapters, sections (four levels) of names and their corresponding page numbers.

    Readers can find on demand content found in the list of chapters in several parts of that content belongs to, and then to the appropriate directory to find its location. 5. Addition to the total used in this Guide page for readers to check out.

    Lateral total page numbers at the bottom of the page, the book was continuously paginated; page numbers at the bottom of the page Center, five part series for the body of the page in the Guide and using "(x-x)" format, such as "(2-147)" represents the second part of the text in this guide the 147th page. 6. This guide includes text describing indexing articles and the laws and regulations in two columns, which is located in the right side of each page, which is located in the left side of each page. Laws, regulations, articles indexing using abbreviations (see list of abbreviations).

    Readers ' Guide on the right content, you can control the left column of the corresponding position marked on the laws and regulations required under the terms of the content, to help you understand.

    List of abbreviations

    This table lists the guide marks on the left side of each page in the body of laws, regulations, provisions of the thumbnail instances.

    Law 26 26th of the patent law

    Articles 38 and 39 of the patent law by the 38th and 39th

    Law articles 2, 5 and 25 patent law II, fifth and 25th 31.

    1 patent law of 31st article 22. 2.

    3 patent law article 22nd the second and third paragraphs 25.

    1 (1) the 25th article of the patent law (a)

    Rules article 1 detailed rules for the implementation of the patent law

    Rule 45 45th of the implementing regulations of the patent law

    Rule 95 and 96, 95th and 96th of the implementing regulations of the patent law

    Rule 21-23 from 21st to 23rd of the implementing regulations of the patent law Rule 44.

    1 article 44th of the implementing regulations of the patent law Rule 23. 1.

    Article 2 detailed rules for the implementation of the patent law 23rd first and second paragraphs Rule 42.

    2 and the second paragraph of article 43 implementing rules of the patent law the 42nd and 43rd Rule 21. 3 and 23.

    Article 2 detailed rules for the implementation of the patent law the 21st and 23rd in the third paragraph of article

    Rule 33 (3) of the 33rd article of the implementing regulations of the patent law (c) Rule 17.

    1 (4) of article 17th of the implementing regulations of the patent law in subparagraph (d) of the

    The Treaty article 25 25th Patent Cooperation Treaty

    Rule 51 of the Treaty the Patent Cooperation Treaty regulations 51st Rule 13 bis of the Treaty. 3 (a) Patent Cooperation Treaty regulations 13th bis.

    3(a)

    List of

    Part I preliminary examination

    Chapter I preliminary review of the application for patent for invention

    Preliminary review of chapter II utility model patent application

    Preliminary review of design patent applications chapter

    The fourth chapter of patent classification

    Part II examination as to substance

    The first chapter does not grant patent applications

    Chapter II description and claims

    Chapter III novelty

    The fourth chapter of creative

    The fifth chapter practical

    Chapter Sixth single and the divisional application

    The seventh chapter search

    Eighth chapter of substantive examination procedures

    Nineth chapter on invention patent applications involving computer programs to review certain provisions of

    Tenth chapter on invention patent applications in the field of chemistry reviews of a number of provisions

    Part III examination of the international application entered the national phase

    Chapter I preliminary examination of an international application entered the national phase, and transactions

    Entry into the national phase of the international application chapter II the examination as to substance

    Part IV review and review of invalid requests

    Chapter I General provisions

    Review chapter two requests for review

    Chapter III examination of the request for invalidation

    Fourth chapter reexamination and invalidation procedure relating to oral proceedings provided for in

    The fifth chapter review of program design patent invalidation

    Sixth chapter the procedures for invalidation of utility model patent in a number of provisions

    The seventh chapter, treatment for the same invention in invalidation proceedings

    The eighth chapter in invalidation proceedings provisions relating to evidence

    Part five patent applications and transaction processing

    Chapter I patent application documents and procedures

    Chapter II patent fees

    Chapter III admissibility

    Fourth chapter of patent application documents

    Fifth chapter to foreign patent applications and in preserving secrecy review

    The sixth chapter notices and decisions

    Duration of the seventh chapter, right of recovery, suspension

    The eighth chapter editor of Patent Gazettes and pamphlets

    Nineth part grant and termination of patent rights

    Tenth chapter franchise evaluation reports

    11th several provisions of the chapter on electronic filing

    Other

    Index

    Part I preliminary examination

    Directory

    Chapter I preliminary review of the application for patent for invention 1.

    Introduction 2.

    Review of principles 3.

    Review procedures 3.

    1 preliminary examination 3.

    2 application supplement 3.

    3 significant substantive defects treatment 3.

    Notice of 4 replies 3.

    5 applications rejected 3.

    6 front panel review after review and processing 4.

    Application form review 4.

    1 request 4. 1.

    1 invented name 4. 1.

    Inventor 2 4. 1.

    3 the applicant 4. 1. 3.

    1 the applicant Anderson 4. 1. 3.

    2 the applicant is a foreigner, foreign enterprise or other foreign organization 4. 1. 3.

    3 foreign and domestic applicants the applicants jointly apply for 4. 1.

    4 contact 4. 1.

    5 person 4. 1.

    6 patent agent, patent attorney 4. 1.

    7 Add 4.

    2 manual 4.

    3 manual drawings 4.

    4 claims 4.

    5 abstract 4. 5.

    Part 1 the summary text 4. 5.

    2 abstract drawings 4.

    6 conditions of application documents and publication format review 5.

    Preliminary review of specific patent application 5.

    1 divisional application 5. 1.

    1 divisional application verification 5. 1.

    2 the duration and cost of a divisional application 5.

    2 relates to biological material application 5. 2.

    1 verification of applications involving biological materials 5. 2.

    2 storage recovery 5.

    3 of applications relating to genetic resources 6.

    Review of other documents and related procedures 6.

    1 patent Agency 6. 1.

    1 delegate 6. 1.

    2 power of Attorney 6. 1.

    3 lift the delegate and resign 6.

    2 priority 6. 2.

    1 foreign priority 6. 2. 1.

    1 and where the priority of the earlier application of the later 6. 2. 1.

    2 requires declarations 6. 2. 1.

    3 copies of the earlier application documents 6. 2. 1.

    4 applications the applicant 6. 2.

    2 requirements of domestic priority 6. 2. 2.

    1 and where the priority of the earlier application of the later 6. 2. 2.

    2 requires declarations 6. 2. 2.

    3 copies of the earlier application documents 6. 2. 2.

    4 applications the applicant 6. 2. 2.

    5 as of withdrawal of an earlier application procedures 6. 2.

    3 the withdrawal of priority claims 6. 2.

    4 priority 6. 2.

    5 restoration of priority claim 6.

    3 does not lose its novelty where public 6. 3.

    1 international exhibition sponsored or recognized by the Chinese Government for the first time on display 6. 3.

    2 first published in prescribed academic or technological meeting 6. 3.

    3 any person without the consent of the applicant disclosure of its contents 6.

    4 requests for substantive examination 6. 4.

    1 review of requests related to requirements 6. 4.

    2 substantive requests for review of examination and treatment 6.

    5 ahead of announcement 6.

    6 to withdraw a patent application statement 6.

    7 description of project changes 6. 7.

    1 description of project change procedures 6. 7. 1.

    1 bibliographic Declaration of change 6. 7. 1.

    2 description of project change fees 6. 7. 1.

    3 bibliographic changes to fee payment deadline 6. 7. 1.

    4 people who handle the cataloging project change procedures 6. 7.

    2 change of bibliographic documents 6. 7. 2.

    1 the applicant (or the patentee) name or name change 6. 7. 2.

    2 the right of patent application (or the patent) transfer 6. 7. 2.

    3 inventions, modification 6. 7. 2.

    4 patent agencies and agents change 6. 7. 2.

    5 the applicant (or patent) change of nationality 6. 7. 2.

    6 proof of form requirements 6. 7.

    3 description of project change procedures of examination and approval 6. 7.

    4 bibliographic changes take effect 7.

    Review of significant substantive defects 7.

    1 in accordance with the patent law of the second paragraph of article review 7.

    Article 2 in accordance with the patent law the fifth review 7.

    3 according to the 20th article of the patent law review 7.

    4 according to the 25th of the patent law review 7.

    5 in accordance with the patent law of 31st article review 7.

    6 according to the 33rd of the patent law review 7.

    7 according to article 17th of the implementing regulations of the patent law review 7.

    8 according to article 19th of the implementing regulations of the patent law review 8.

    According to the terms of reference to modify

    Preliminary review of chapter II utility model patent application 1.

    Introduction 2.

    Review of principles 3.

    Review procedures 3.

    1 grant of the patent right to inform 3.

    2 application supplement 3.

    3 significant substantive defects treatment 3.

    Notice of 4 replies 3.

    5 applications rejected 3. 5.

    1 dismiss condition 3. 5.

    2 decision body 3.

    6 front panel review and review of 4.

    Review of other documents and related procedures 4.

    1 patent Agency 4.

    2 priority 4.

    3 does not lose its novelty where public 4.

    4 withdraw the patent application statement 4.

    5 bibliographic changes 5.

    According to the patent law review fifth and 25th 6.

    Under patent law article review 6.

    1 utility patents protect products 6.

    2 the shape of the product and/or building 6. 2.

    1 the shape of the product 6. 2.

    Constructions of 2 6.

    3 technical solutions 7.

    Review of the application documents 7.

    1 request 7.

    2 manual 7.

    3 manual drawings 7.

    4 claims 7.

    5 abstract 7.

    6 conditions of application documents and publication format review 8.

    According to the 33rd of the patent law review 8.

    1 the applicant the initiative to revise the 8.

    2 according to the notice of the defects pointed out in the modified 8.

    3 inspectors in accordance with terms of reference to modify 9.

    According to the 31st article of the patent law review 10.

    According to the implementation rules of the patent law review of the 43rd 11.

    According to the 22nd article of the patent law review 12.

    According to the 22nd of the patent law of the fourth paragraph of article review 13.

    According to Nineth of the patent law review 14.

    According to the 20th article of the patent law review 15.

    Examination of the international application entered the national phase 15.

    1 confirmation of review is based on the text 15. 1.

    1 the applicant's request 15. 1.

    2 review is based on the text 15. 1.

    3 of the original international application documents submitted by the force of law 15.

    2-request for review 15. 2.

    1 review of the application documents 15. 2.

    2 single review 15. 2.

    3 If the earlier application is made in China 15. 2.

    4 correcting translation errors

    Preliminary review of design patent applications chapter 1.

    Introduction 2.

    Review of principles 3.

    Review procedures 3.

    1 grant of the patent right to inform 3.

    2 application supplement 3.

    3 significant substantive defects treatment 3.

    Notice of 4 replies 3.

    5 applications rejected 3.

    6 front panel review after review and processing 4.

    Review of the application documents 4.

    1 request 4. 1.

    1 name of the product incorporating the design 4. 1.

    2 design 4. 1.

    3 the applicant 4. 1.

    4 contact 4. 1.

    5 person 4. 1.

    6 patent agent, patent attorney 4. 1.

    7 Add 4.

    2 design drawings or photographs 4. 2.

    1 the view name and marking 4. 2.

    2 pictures to draw 4. 2.

    3 photo shoot 4. 2.

    4 pictures or photographs of defects 4.

    3 a brief description 5.

    Review of other documents and related procedures 5.

    1 patent Agency 5.

    2 priority 5. 2.

    1 and where the priority of the earlier application of the later 5. 2.

    2 requires declarations 5. 2.

    3 copies of the earlier application documents 5. 2.

    4 applications the applicant 5. 2.

    5 the withdrawal of priority claims 5. 2.

    6 priority claim 5. 2.

    7 restoration of priority claim 5.

    3 does not lose its novelty where public 5.

    4 withdraw the patent application statement 5.

    5 bibliographic changes 6.

    According to the patent law the fifth and 25th in the first paragraph of the first paragraph of article (vi) review 6.

    1 pursuant to the fifth article of the patent law review 6. 1.

    1 violations of the law 6. 1.

    2 violation of public morality 6. 1.

    3 is detrimental to public interest 6.

    25th the first paragraph of article 2 according to patent law (vi) review 7.

    According to article II, the fourth, of the patent law review 7.

    1 designs must be based on products for carriers 7.

    2 product shapes, patterns, or a combination thereof, and combination of color and shape, pattern 7.

    3 suitable for new design aesthetically for industrial applications 7.

    4 grants design patents 8.

    Article 23rd according to patent law review 9.

    According to the 31st article of the patent law review 9.

    1 two or more items of the same product in similar designs 9. 1.

    1 the same product 9. 1.

    2 similar designs 9.

    2 complete sets of product design 9. 2.

    1 the same category 9. 2.

    2 sets for sale or use 9. 2.

    3 the product design of the same 9. 2.

    4 sets of products should not contain similar designs 9.

    3-in case of application designs shall respectively have the authorized conditions 9.

    4 review of the divisional application 9. 4.

    1 divisional application verification 9. 4.

    2 the other divisional application requirements 9. 4.

    3 divisional application deadlines and fees 10.

    According to the 33rd of the patent law review 10.

    1 the applicant the initiative to revise the 10.

    2 according to the notice of the defects pointed out in the modified 10.

    3 inspectors in accordance with terms of reference to modify 11.

    According to Nineth of the patent law review 11.

    1 judgment principles 11.

    2 way 12.

    Design classification 12.

    1 classification basis 12.

    2 classification of methods 12.

    3 determination of the classification of 12. 3.

    1 the classification of single-use products 12. 3.

    2 classification of multi purpose products 12. 3.

    3 classification of correction

    The fourth chapter of patent classification 1.

    Introduction 2.

    Classification of content 3.

    Technical topics 3.

    1 technical topics categories 3.

    2 determination of the technical topics 3. 2.

    1 technical topics according to the claims of some 3. 2.

    2 according to the claims of technical topics cannot be determined 3. 2.

    3 according to the description, drawings to determine the requested patent-protected technology topics 4.

    Classification methods 4.

    1 overall classification 4.

    2 functional classification or classification of 4. 2.

    1 functional classification 4. 2.

    Application 2 classification 4. 2.

    3 are classified by functional classification and application 4. 2.

    4 special cases 4.

    More than 3 multi-classification 4. 3.

    1 classification of various technical topics 4. 3.

    Classification of 22 4. 3.

    3 mixed system with code 4.

    4 the special classification of technical subjects 5.

    Brief introduction of classification rules for the location of 6.

    Classification procedure 7.

    Classification of different level of patent applications published 7.

    1 does not retrieve the classification of patent applications 7.

    2 for the search and examination of patent applications after classification 8.

    Specific technology topic classification 8.

    1 compounds 8.

    2 chemical mixtures or compositions 8.

    3 preparation or treatment of compounds 8.

    4 device or method 8.

    5 manufacture of goods 8.

    More than 6 multi-step methods, complete sets of equipment 8.

    70, structural components 8.

    8 chemical formula 8.

    9 combinatorial libraries

    Chapter I preliminary review of the application for patent for invention 1.

    Introduction According to People's Republic of China patent law (hereinafter referred to as patent law) provisions of 34th, after receipt of the patent application the Patent Office, upon preliminary examination, to meet the requirements of patent law, from the expiration of 18 months from the date of filing, it shall publish. Patent Office in accordance with the applicant's request for an early release of its application.

    Therefore, the preliminary review of the application for patent for invention is accepting application for patent for invention after the publication of the application for a necessary procedure before.

    Preliminary examination of patent application for invention main tasks are:

    Law 26

    Rule 44

    (1) review the application documents submitted by the applicant are in accordance with the provisions of patent law and its implementing rules, found that when there are defects can be corrected, notify the applicant to correct way to eliminate defects, to comply with the published conditions found insurmountable defect, issue a notice of review, indicating the nature of the defect, and dismissed the way to end the review process.

    Rule 45

    (2) review of the applicant in the patent application at the same time or subsequently submitted relating to patent applications and other documents in accordance with the provisions of patent law and its implementing rules, find files when there is a defect, according to the nature of the defect, notify the applicant to correct ways of eliminating defects, or directly make a decision regarded as not submitted in document.

    (3) the applicants submitted relating to patent applications and other documents are prescribed in the patent law and its implementing regulations within the time limit or submitted within the time limit specified by the Patent Office; the expiration of failing to submit or late submission, according to the application shall be deemed withdrawn the decision or document shall be deemed to have not been submitted.

    Law 75

    Rule 95 and 96

    Rule 99

    (4) review of the applicant to pay the costs of the amount and period of compliance with the provisions of the patent law and its implementing rules, fee is not paid or not paid, or overdue payments, according to the application shall be deemed withdrawn or considered filing the request decision. Rule 44.

    1

    Preliminary review of the patent application are:

    (1) the formal examination of the application documents, including whether the patent application contains the 26th article of the patent law of application documents, as well as the file format is not obviously in the 16th to 19th of the implementing regulations of the patent law, the provisions of article 23rd, are in accordance with article II of the implementing regulations of the patent law, the third, 26th, 119th, 121th provision in the second paragraph.

    (2) application file of obviously substantive defects review, including patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph of provides, whether obviously not meet patent law second article second paragraph, and 26th article fifth paragraph, and 31st article first paragraph, and 33rd article or patent law implementation rules 17th article, and 19th article of provides. (3) other file of form review, including and patent application about of other procedures and file whether meet patent law tenth article, and 24th article, and 29th article, and 30th article and patent law implementation rules second article, and third article, and sixth article, and seventh article, and 15th article third paragraph and fourth paragraph, and 24th article, and 30th article, and 31st article first paragraph to third paragraph, and 32nd article, and 33rd article, and 36th article, and 40th article, and 42nd article, and 43rd article, and 45th article, and 46th article, and

    The 86th, 87th, 100th of the rules.

    (4) the costs related to the review, including patent applications in accordance with the implementing rules of the patent law the 93rd, 95th, 96th and 99th pay the related costs. 2.

    Review of principles

    In the preliminary examination procedure, the examiner shall follow the principles the following review.

    (1) the principle of confidentiality

    Examiners in the patent application of the approval procedures, in accordance with the confidentiality provisions, has not yet been published, notice of patent application documents and other content in connection with patent applications, and other information have a duty of confidentiality are not suitable.

    (2) a written review Inspectors should be based on the written documentation submitted by the applicant for the review, reviews (including correction notice) and the results of the review should be notified in writing to the applicant.

    Preliminary review of programs, were set to meet in principle.

    (3) the principles of hearing Inspector before making the decision, should be dismissed on the basis of facts, reason and evidence, notify the applicant at least gave the applicant an opportunity for representations and/or modify application files.

    Examiners when making a decision, dismissed the facts, reasons and on the basis of the evidence, should have informed the applicant, does not contain new facts, grounds and/or evidence.

    (4) the principles of In eligible cases, the examiner should review efficiency as possible, shorten the review process. An application for correction can overcome deficiencies, the examiner should conduct a comprehensive review and, if possible, all the defects pointed out in a correction notice. For words and symbols that were clearly wrong in the application documents, the examiners can modify ex officio, and notify the applicant accordingly.

    Are possible through the application of correction to overcome the substantive gaps, the Inspector can not review the application documents and other files in the form of defect, in a review of a notice can only point out that substantive flaws.

    In addition to following these principles, the inspector shall be deemed not to propose, deemed to be withdrawn, dismissed the disciplinary decisions at the same time, the follow-up program shall inform the applicant may start. 3.

    Review procedures 3.

    1 preliminary examination After preliminary examination, for application documents in accordance with the patent law and its implementing regulations relevant provisions patent applications and there is no obvious substantive defects, including a correction with preliminary examination requirements of patent applications should be considered preliminary examination.

    Inspector shall issue a notice of a preliminary examination, indicating published applications on the basis of the text, after the disclosure procedures. 3.

    2 application supplement

    In the preliminary review for applications for document correction can overcome the deficiencies of the patent application, the examiner should conduct a comprehensive review and issued a notice of correction. Corrections should be indicated in the notice of patent defects in the application, giving reasons, specifying the response deadline.

    By making rectifications of the applicant, application files are still flawed, the inspector should issue a notice of correction once again. 3.

    3 significant substantive defects treatment In the preliminary review, applications are possible through the correct way to overcome the obvious substantive defects in patent applications, the inspector shall issue a notice of review.

    Review comments should be specified in the notification substantive defects in patent application, giving reasons, specifying the response deadline.

    For substantive flaw in the application documents, only its presence and influence was announced, would only be noted and processed. 3. Notice of 4 replies
    After the applicant received a notice of correction or notice of review shall be the correction within the time limit specified in, or making a statement. To supplement the patent application the applicant shall submit the correction and modify the file replaces the page appropriately. Applications for file replacement sheet shall be in duplicate, other file only needs to submit a report. Modifications to the application document, it should be pointed out that the notice of defects.

    Modify the contents of the submitted filing date shall not exceed the specification and claims the scope. The applicant did not reply to the expiry, the inspector should be made where deemed withdrawal notice or other notice. Applicants for just cause is difficult to reply within the specified time limit, can be an extension of the time limit requested.

    About requesting extension handle, apply the provisions of part v 4th section of the seventh chapter of this guide. Due to force majeure or other justified reason, the time period while the patent application will be considered withdrawn, the applicant may apply to the Patent Office within the prescribed time limit requests for restoration of rights.

    Processing relating to requests for restoration of rights, apply the provisions of part v 6th section of the seventh chapter of this guide. 3.

    5 applications rejected

    Application documents significant substantive defects, after the inspector issued a notice of review, after the applicant or modification does not eliminate, or application file form defects, an inspector for the notice of defect has been issued two corrections, after the applicant or supplement does not eliminate, the Inspector may decide to dismiss. Decision body shall include case, the grounds for dismissal and the decision of three sections.

    Cause part of the review process should be briefly dismissed applications; dismissed reasons section should indicate rejection of the facts, reasons and evidence decided that section should make it clear that the patent application does not comply with the corresponding provisions of the patent law and its implementing rules, and according to the implementation rules of the patent law rejected the patent application as provided in article 44th. 3.

    6 front panel review after review and processing Applicant is not satisfied with the decision, you can within the time provided in the review request to the patent reexamination Board.

    Front review of requests for review and post review with reference to provisions of the 8th section of the second part of the eighth chapter of this guide.

    Rule 44 26.

    2, rule 16 4.

    Application form review 4.

    1 request 4. 1.

    1 invented name Inventions in the request the name and description of the invention the name should be the same. Invented name should be short and accurately indicate that themes and types of invention patent application to protect.

    Invention name in the shall not contains non-technology words, for example names, and units name, and trademark, and code, and model,; also shall not contains vague of words, for example "and the other", and "and similar real",; also shall not only using General of words, led not to out any invention information, for example only with "method", and "device", and "combination real", and "compounds", Word as invention name.

    Invention names are usually no more than 25 words, under special circumstances, for example, some invention of the field of chemistry, can allow up to 40 characters. 4. 1.

    Inventor 2 The 13th article of the implementing regulations of the patent law, the inventor is someone who is creative contribution to the substantive features of the invention.

    In the review procedure at the Patent Office, inventor of the Inspector to fill in the request without review of compliance with the provisions. Inventors should be individual, not complete units in the request or for the group, for example, may not be written "XX group." Inventors should use my real name, may use pen names or other informal name. More than one inventor, from the left to right order. Does not meet the requirements, the inspector shall issue a notice of correction.

    Applicant to correct in the request, fill in the name of the inventor, shall submit a corrected certificate, the party's statement and the corresponding supporting documents. The inventor may request the Patent Office does not disclose his name. Patent application request not to release the name of the inventor, shall, on the request of "inventors" column, fill in the corresponding inventor behind the annotated "(not named)". Not named after the request, the review found that in conformity with the provisions, Patent Office patent application in the Patent Gazette, pamphlets, patents, monographs and not to disclose his name in the patent, and in the corresponding position marked "request not to publish the name" words, inventors may not request to disclose his name. After a patent application is made requests not to publish the name of the inventor, shall submit a written statement signed or stamped by the inventor, but published patent applications entered when you are ready to make the request, the request shall be deemed not, the inspector shall issue a notice of proposed shall be deemed not to.

    Foreign inventors Hansard can be used in foreign-language acronym, between the last name and first name separated by a dot, dot in the Middle, for example m Jones. 4. 1.

    3 the applicant 4. 1. 3.

    1 the applicant Anderson Invention and patent rights belonging to unit; an inventor, right to apply for a patent belongs to the inventor. In the review procedure at the Patent Office, the Inspector General of applicants to fill in the request does not qualify under. The applicant is an individual, it can be assumed that the invention for an inventor, the right to bring a patent application unless according to the content of the patent application the applicant's qualifications apparently had doubts, require the applicant to provide proof of an inventor.

    Applicant is a unit, it can be assumed that the invention is the invention, this unit has the right to submit the patent application, unless the applicant qualifications obviously had doubts, such as completed units be XX University research or research group of the Institute of xx xx only need to issue a correction notice, notify the applicant can demonstrate that it has proof of eligibility. Declared himself eligible and submit the supporting documents of the applicant, regarded as the applicant is qualified.

    Issued by the higher authorities of certificates, stamped with the official seal of the legal entity certificate or copy of a valid business license, are considered valid proof.

    Fill out the qualification of the applicant does not have the application, the applicant needs to be replaced, shall be replacement of the applicant for the correction procedures, submit corrections and change before and after replacement of the signature or seal of the applicant the applicant Declaration.

    Applicant is a Chinese entity or individual shall fill in the name, address, zip code, organization code or identity card number. The applicant is an individual, you should use my real name, may use pen names or other informal name. Applicant is the entity, full official designation should be used, you may not use acronyms or abbreviations. Fill in the company name in the request should be consistent with the name on official seals used by. Does not meet the requirements, the inspector shall issue a notice of correction.

    Applicant to correct name or title given in the request, shall submit a corrected certificate, the party's statement and the corresponding supporting documents. 4. 1. 3.

    2 the applicant is a foreigner, foreign enterprise or other foreign organization patent law article 18th: no habitual residence or business office in China, foreigner, foreign enterprise or other foreign organization apply for patents in China, in accordance with their respective State and China signed agreements or joint participation in international treaties, or in accordance with the principle of reciprocity, according to this law shall be followed. The applicant is a foreigner, foreign enterprise or other foreign organization should fill out their name or registered name, nationality or national or region. Inspectors believe that fill in the request of the applicant's nationality, place of registration when there is doubt, based on the 33rd article of the implementing regulations of the patent law (a) or (b) provides that notifies the applicant of naturalization or registration documents of the country or region. The applicant indicate, in the request has offices in China, the inspector shall require the applicant to provide documentation issued by the local administration for industry and commerce.

    The applicant indicate, in the request have habitual residence in China, issued by the inspector shall require the applicant to submit the public security Department of documents that can be lived in China for more than a year.

    Confirming that the applicant is in China there is no habitual residence or place of a foreigner, foreign enterprise or other foreign organization, should be filled out in the review request applicant's nationality, place of registration compliance with one of the following three conditions:

    (1) between applicant countries and signed agreements giving patent protection to each other's nationals;

    (2) the applicant State is the Paris Convention for the protection of industrial property (hereinafter referred to as the Paris Convention) Member States or members of the World Trade Organization;

    (3) the applicant countries in accordance with the principle of reciprocity to foreigners in patent protection.

    Rule 33 (3) Review Member should from applicants belongs country (applicants is personal of, to nationality or often homes to determine; applicants is enterprise or other organization of, to registered to to determine) whether is Paris Convention members or World Trade Organization members began review, General without review the country whether and China signed has each other give other national to patent protection of agreement, because and China has signed above agreement of all national are is Paris Convention members or World Trade Organization members. Only when the applicant is not the Paris Convention Member States or when a member of the World Trade Organization, there is need to review whether the national law in accordance with the principle of reciprocity in terms of patent protection to foreigners. No express provision in the law of the Member State of the applicant in accordance with the principle of reciprocity in terms of patent protection to foreigners, the inspector shall require the applicant to submit their country recognized China citizen and can follow the same conditions nationals of that State, enjoys patent rights and other related rights in the country of the documents.

    Applicant is unable to provide supporting documents, according to the provisions of article 44th of the implementing regulations of the patent law, does not conform with the 18th of the patent law on the ground that rejected the patent application.

    For applicants from a territory or territories of Member States of the Paris Convention, should review the Declaration Paris Convention applicable to the territory of the country.

    The applicant is an individual, its Chinese name can be used in foreign-language acronym, between the last name and first name separated by a dot, dot in the Middle, for example m Jones. Name shall not contain any degree, position and so on, for example, XX, XX Professor Dr. The applicant is an enterprise or other organization whose name should use the official translation of the name in Chinese.

    For status has an independent legal personality under the law of the State to which the applicant belongs to certain terms are allowed. 4. 1. 3. 3 foreign and domestic applicants the applicants jointly apply for domestic applicants jointly applied for a patent with foreign applicants, domestic applicants for 4th in this chapter. 1. 3. The provisions of section 1, foreign applicants for 4th in this chapter. 1. 3.

    The provisions of section 2. Rule 4.

    2 4. 1.

    4 contact Applicant is a unit and has not appointed a patent Agency, should fill out contact contact is to replace the unit to receive the recipient of the letter issued by the Patent Office. Contact should be the unit's staff, if necessary, the Inspector may require the applicant to issue a certificate. The applicant is an individual, and by any other person subject to a letter issued by the Patent Office, or you can fill out the contact. Contact only fill in one person.

    Fill out the contact, need to fill out the mailing address, postal code and telephone number for the contact. Rule 15.

    4 4. 1.

    5 person There are two or more applicants and no patent Agency, except as provided in this guide, or otherwise stated in the request, with the first named applicant representative. Otherwise stated in the request, one of the representative shall be declared by the applicant. Directly concerning the rights of common procedures, representative in patent offices of other formalities on behalf of all the applicants. Directly concerning the rights of common procedures include: patent application, patent agents, the transfer of patents or patent applications, priority, withdrawal of the patent application, withdrawal of the priority claim, abandonment of a patent.

    Directly concerning the rights of common procedures should be signed or stamped by all the right people.

    Law 19

    Rule 16 (4) 4. 1.

    6 patent agent, patent attorney

    A patent Agency shall, in accordance with patent Ordinance approved by the State intellectual property office was established. Patent agency names registered with the national intellectual property Office should use its full name, and the stamped patent Agency in the application file matches the name on the official seal, shall not use abbreviations or acronyms.

    In the request should also fill out the State intellectual property Office granted the patent Agency's code. Patent agent, refers to the patent agent qualification certificates, legal patent agency practice, and the State intellectual property Office for patent attorneys licensed officers. In its application, patent agents should use their real name, and fill out the patent agent license number and contact telephone number.

    A patent application, patent attorney shall not be more than two people. 26.

    2

    Rule 16 4. 1.

    7 Add The address in the request (including the address of the applicant, the patent Agency, contact) should meet the requirements of post messages quickly and accurately. National postal code of the address should include the area, as well as provinces (autonomous regions), city (prefecture), district, street, house number, and phone number, or provinces (autonomous regions) and counties (autonomous counties), towns (townships), street, house number, and phone number, or municipality, district, street, house number, and phone number. Post Office box, post office box can be used in accordance with the provisions. Address can include company name, unit name may instead of the address, for example, for not only fill in the University of XX province XX.

    Foreign address shall indicate country and city (County, State), and attached to a foreign address. 26.

    3

    Rule 17 4.

    2 manual First line of the first page of the manual shall clearly state the invented name, the name should match the name in the request, and centered around. Invented name shall not be called "invented name" or "name" and so forth.

    Invention between the name and description text in the sky.

    Instructions should include the following sections in the format, and in front of each part indicated the title:

    Technical field

    Background art

    Contents of invention

    Description

    The specific way of implementing

    Description without drawings, specification text does not include the description and the title. Applications relating to nucleotide or amino acid sequence, should be the ordered list as a separate part of the description and, separately, write the page number. Applicant shall at the time of application submission is consistent with the sequence table computer-readable copies of forms, such as submitting written in conformity with the provisions of the sequence table CD or floppy disk. Submitted by CD or floppy disk recorded in the ordered list inconsistent with the specification in the sequence table, and the sequence table in the manual shall prevail. Did not submit copies of the computer readable form, or submitted a copy of the sequence that are not consistent with the manual, the examiner shall issue a notice of correction, notify the applicant to pay copy right within a specified period.

    Expiration does not pay, the inspector shall issue a notice of deemed withdrawal.

    Manual text part can have chemical formulas, math or a table, but not illustrated. Specification text written description, description should have drawings.

    Specification drawings, specification text should have a description.

    Rule 40 Specification text written description of description without drawings or lack the appropriate drawings, shall notify the applicant to cancel the manual text description, or to pay within the time limit specified by the corresponding drawings. Applicant to submit drawings, submitted to the Patent Office to the date of filing of the drawings or sent back, the inspector shall issue a new notice of filing date.

    Cancel the corresponding description of the applicant, retain the original filing date. Rule 121.

    2

    Instructions should be in Arabic numerals are written pages.

    Rules 18 and 121 4.

    3 manual drawings

    Specifications drawings shall be used, including computer graphics tools and in black ink, the lines should be even clearer, deep enough, no coloring and alterations shall not use blueprint.

    Profile in the section lines marking of the drawings shall be without prejudice to lines and clear identification of the main line. The drawings can be drawn on a piece of paper. A general map can be drawn in several sheets of paper, but should ensure that each figure is independent, and when all drawings together constitute a complete overall map and does not interact with its clarity. Drawings and graph is not unrelated to the box around the line. In two or more of the total number of the drawings, shall be numbered using Arabic numerals and numbers prefixed with "" characters, for example, in Figure 1, Figure 2.

    The number directly below the drawings shall be marked in the appropriate. On the drawings shall be as vertical as possible in the drawing, clearly separated from one another. When part horizontal dimensions significantly greater than the vertical dimensions must be horizontal layout, the photos should be placed at the top left of the drawing.

    On one drawing more than two photos, and one has horizontal layout, the other photos on the page should also be horizontal. Drawings shall use Arabic numbers. Specification reference signs not mentioned in the text of the may not appear in the drawings, photos do not appear in the appended drawing reference signs shall not be mentioned in the description text.

    Reference signs for the same component in the application file should be the same.

    The scale and the distinctness of the drawings, shall be such that when the figure reduced to two-thirds can still be clearly distinguished in the plot details, in order to be able to meet the requirements of copying, scanning shall prevail. Same drawings shall be in the same scale, for the one part clearly shows, you can additionally add a partial enlargement map. Drawings, in addition to the required words, but may not contain other notes.

    The words in the drawings shall be in Chinese and, if necessary, in the square brackets indicate the original. Diagram of flowcharts, drawings shall be as, and should be given the necessary text in the box and sign.

    Not use a photo as photo, but in special cases, for example, or when the electrophoretic display structure, tissues and cells, you can use the photos posted on the drawings as drawings.

    Specifications drawings shall be in Arabic numerals are written pages. Rule 19.

    2 4.

    4 claims

    Claims there are several claims, shall be numbered with Arabic numerals, with serial numbers may not be as "claims" or "right", the word.

    Claims can have chemical or mathematical formula and, if necessary, can also have a table, but not illustrated.

    Claims shall be in Arabic numerals are written pages. 26.

    1

    Rule 23 4.

    5 abstract

    Apply for a patent for invention, the abstract shall be submitted (hereinafter summary). 4. 5.

    Part 1 the summary text Partial text of the abstract should clearly state the title of the invention and the technical field, clearly reflects the technical problem to be solved, and technical solutions to solve the problem of points and main uses.

    Does not indicate the invention name or fail to reflect the programmatic thrust of the technique, it shall notify the applicant corrected using commercial advertising diction, notify the applicant can be deleted or removed by the Inspector, inspectors removed, it shall notify the applicant. Some summary text shall not use a title, text (including punctuation marks) must not exceed 300 words.

    Summary of more than 300 words, deletions or deletions the Inspector can notify the applicant; deletions the inspector shall notify the applicant. 4. 5.

    2 abstract drawings Description there are drawings, the applicant shall submit a picture that best describes the main technical features of the invention's technical programme drawings as abstract drawings. Summary drawings drawings shall be a specification of a site. The applicant did not submit abstract drawings, the Inspector may notify the applicant corrected, or according to the terms of reference specify a picture, and notify the applicant accordingly.

    Inspectors verify that there are no suitable summary drawings can be specified, may not require the applicant to supplement.

    Abstracts submitted by the applicant obviously description technical programme main technical features of the drawings or abstract drawings submitted by one of the drawings is not a manual, the Inspector may notify the applicant corrected, or according to the terms of reference specify a picture, and notify the applicant accordingly.

    Abstract drawings and distinctness in the figure down to 4 cm X6 cm, can clearly distinguish all details in the picture.

    Abstracts can contain the chemical formula which best characterizes the invention, the chemical formula can be considered abstract drawings.

    Rule 121 4.

    6 conditions of application documents and publication format review Patent applications published specification, claims and the abstract text should be neat and clear, and may not be altered, rows may not add words. Specification drawings, abstract drawings of lines (such as contour lines, dashes, hatch, center line, wire, etc) should be clearly visible. Text and lines should be black and deep enough, clean background, in order to be able to meet the requirements of copying, scanning shall prevail. Version of the text and drawings of four weeks there should be no border.

    Each page file should be a continuous writing. Application file does not meet the above requirements, the examiner shall issue a notice of correction, notify the applicant supplemented.

    Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal. Rule 42.

    1 5.

    Preliminary review of specific patent application 5.

    1 divisional application 5. 1.

    1 divisional application verification A patent application consists of two or more inventions, the applicant can take the initiative to put forward or the divisional application under Inspector's review. The divisional application shall be based on the original application (an application for the first time) is presented. Category of the divisional application should be consistent with the category of the original application.

    Divisional application should fill in the request to the original application the application number and filing date; for excessive application, applicants need the divisional applications of divisional applications again, it should be in parentheses after the original application number, fill out the application for a divisional application.

    For the divisional application, in addition to the review of applications and other documents, the examiner should also be based on the original application to verify the following elements:

    (1) fill in the request for the original application filing date In the request, shall fill in the original filing date of the application, fill in the date of filing errors, the inspector shall issue a notice of correction, notify the applicant supplemented.

    Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal; correction of compliance, the inspector shall issue a new notice of filing date.

    (2) fill in the request for the original application number In the request shall be correctly completed original application number. The original application is an international application, the applicant should fill in the original application, the international application number indicated in parentheses after the. Does not meet the requirements, the inspector shall issue a notice of correction, notify the applicant supplemented.

    Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal.

    (3) the divisional application submission time The applicant shall, at the latest on receipt of the patent on the original application for a period of two months from the date of notice of grant of the patent right (registration deadline) submitted before the expiry of the divisional application.

    After the expiration of such period, or the original application has been rejected, or the original application has been withdrawn, or the application will be considered withdrawn and has not been restored right to no further divisional application.

Inspector has issued a decision on rejection of the original application, the applicant within three months from the date of receipt of the decision, irrespective of whether the applicant requests for review, can produce a divisional application; in the review request as well as to review decision during the administrative proceedings, the applicant can still raise a divisional application.

    In the preliminary review, submitted for the divisional application does not comply with the above requirements, the inspector shall give notice of the divisional application is filed shall be deemed not to and closing process. For excessive application, applicants need the divisional applications of divisional applications again, further divisional application should be submitted in accordance to the original application.

    Again the divisional application date does not meet the above requirements, not Division. However, the single flaw for the divisional application, the applicant once again, according to the examiner's review except in respect of the divisional application. For such exceptions, the applicant again raised the divisional application at the same time, shall be submitted to the inspector issued specifying a single defect review notices or copies of notices. Not submitted a review of compliance notices or copies of the notice, cannot be treated as exceptions. Does not meet the requirements, the inspector shall issue a notice of correction, notify the applicant supplemented. Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal.

    Corrections still does not meet the requirements of the applicant, the inspector shall give notice of the divisional application is filed shall be deemed not to and closing process.

    (4) a divisional application of the applicant and inventor The divisional application applicants should be the same as the original application the applicant; is not the same, shall submit the relevant documents of the applicant changes. Inventor of the divisional application should also be the original inventor or part of the Member. Does not meet the requirements, the inspector shall issue a notice of correction, notify the applicant supplemented.

    Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal.

    (5) the divisional application documents submitted by the Divisional application except shall submit the application documents, shall also submit the same application to apply for a copy of the file in the original application and copies of the other documents in connection with this application (such as a copy of the priority document). The original application has been submitted in a variety of supporting materials, you can use the copy. International publication using the same application in a foreign language, in addition to the original Chinese copy, copy of the text of the international publication shall be submitted simultaneously to the original application. Does not meet the requirements, the inspector shall issue a notice of correction, notify the applicant supplemented.

    Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal. 5. 1.

    2 the duration and cost of a divisional application Statutory time limit applicable to the divisional application, such as requests for substantive examination period shall be from the original date of filing.

    Has expired or the divisional application is submitted until expiration date less than two months from the day of any time limit, the applicant may since the divisional application is two months from the application date or from the date of receipt of the notice of acceptance within the 15th replacement procedures; expires without a replacement, the inspector shall issue a notice of deemed withdrawal. The divisional application shall be treated as a new application for charging various fees.

    Has expired or the divisional application is submitted until expiration date less than two months from the date of fees, the applicant may in the divisional application is two months from the application date or from the date of receipt of the notice of acceptance within the 15th pay; expires is not recovered or paid, the inspector shall issue a notice of deemed withdrawal.

    Rule 24 5.

    2 relates to biological material application 5. 2.

    1 verification of applications involving biological materials

    For applications involving biological materials, applicants in addition to an application shall be made in accordance with the relevant provisions of the patent law and its implementing rules, should also complete the following formalities:

    (1) at the date of application or at the latest at the time of application (priority, the priority date), the biological material samples submitted to the State intellectual property office approval international preservation of samples of biological material preserved.

    (2) indicate in the request and a description of preserved samples of the biological material unit names, addresses, collection date and number, and classification of the biological materials (indicate the Latin name).

    (3) provided in the application document relevant information of the characteristics of biological materials.

    (4) within four months from the date of application for preservation of deposited issue certificates and survival proved.

    In the preliminary review, has been deposited within the prescribed certificate, the inspector should be based on preservation of proof to verify the following elements:

    (1) storage units

    Storage units shall be approved by the State intellectual property Office of samples of biological material the international preservation unit, does not meet the requirements, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice.

    (2) collection date Storage date should be prior to the date of application or the date of filing (priority, the priority date) of the day.

    Does not meet the requirements, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice.

    But, preserved proved stated of preserved date in by requirements of priority day zhihou, and in application day zhiqian of, review member should issued handle procedures correction notice, requirements applicants in specified of term within withdrawn priority requirements or statement the preserved proved involved of biological material of content not requirements enjoy priority, expires not replies or correction Hou still not meet provides of, review member should issued biological material samples considered not preserved notice.

    (3) the preservation and survival of the consistency of certification and request Preservation and survival of proof and items given in the request should be consistent, inconsistent, the inspector shall issue a notice of correction, notify the applicant within the prescribed period rectification.

    Expires the correction is not made, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice. In the preliminary review, for proof of is not deposited within the time stipulated, the samples of biological material shall be deemed to have been deposited, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice. Within four months from the date of filing, the applicant has not submitted to the survival of biological materials to demonstrate, nor is unable to submit the proof of justification, the samples of biological material shall be deemed to have been deposited, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice.
    Submission of samples of biological material preserved samples of death occurring in the course of, other than the applicant can provide evidence that caused the death of samples of biological material is not outside the responsibility of the applicant, the samples of biological material shall be deemed to have been deposited, the inspector shall issue a preservation of samples of biological material shall be deemed not to notice.

    Applicants provide proof, within four months from the date of filing to offer deposit of new samples to the same as the original sample, and the original deposited for storage. Patent applications involving biological material, the applicant shall request and separately stated in the specifications of biological material classification name, preserved samples of the biological material the organization name, address, dates of preservation and preservation number and are consistent (see part II of this guide to the tenth chapter of the 9th. 2. Section 1). Applications and manuals are not stated in the request, the applicant shall, within four months from the date of application for correction, correction is not the expiry, deemed to have been deposited.

    And instructions to fill out the request inconsistent, applications can be processed after receipt of the notice of the Patent Office, corrections within the period specified, expiration of correction is not deemed to have been deposited. 5. 2.

    2 storage recovery Inspectors issued a preservation of samples of biological material shall be deemed not to notice, justified by the applicant, under the provisions of the sixth article of the implementing regulations of the patent law to start the recovery process.

    Among other legitimate reasons, samples of biological materials have been deposited or not surviving justification is as follows:

    (1) the storage unit cannot be preserved within four months from the date of filing certificates or survival proved, and produce documents;

    (2) submission of samples of biological material biological material samples that occurred during death, applicants will be able to provide evidence of biological sample of death is not the responsibility of the applicant. 26.

    5 Rule 26.

    2 5.

    3 of applications relating to genetic resources Dependent on genetic resources to complete the invention patent, the applicant shall be addressed at the origin of genetic resources in the request and fill in the source of genetic resource disclosure form, indicating the direct source of the genetic resource and the original source. Unable to note the original source of the applicant, and shall state the reasons. Does not meet the requirements, the inspector shall issue a notice of correction, notify the applicant supplemented. Expires the correction is not made, the inspector shall issue a notice of deemed withdrawal.

    After the correction is still not in conformity with the provisions, the patent application shall be rejected. 6.

    Review of other documents and related procedures

    Rule 44 6.

    1 patent Agency 6. 1.

    1 delegate Under the terms of the 19th article of the patent law, no habitual residence or business office in mainland China to foreigners, foreign enterprise or other foreign organization in China to apply for patent, and any other patent matters, or as the first named applicant and mainland China jointly applied for a patent and the applicant for other patent matters, should appoint a patent Agency. Review found such applicants when applying for a patent, and any other patent matters, has appointed a patent Agency, the inspector shall issue a notice of review, notify the applicant to reply within a specified time limit.

    The applicant fails to reply within a specified period, the application will be considered withdrawn; after the applicant has made the comments or corrections, still does not meet the requirements of the 19th article of the patent law, the patent application shall be rejected. Units or individuals in mainland China can appoint a patent Agency in the country to apply for patent, and any other patent matters. Delegate does not meet the requirements, the inspector shall issue a notice of correction, notify the Agency rectify it within a specified period.

    Expires after no reply or correction is still not in conformity with the provisions shall be made to the applicant and was appointed a patent agency appointed a patent Agency shall be deemed not notices issued. No habitual residence or business office in mainland China, Hong Kong, Macao or Taiwan region of the applicant to the Patent Office for patent applications and other patent matters, or as the first named applicant and mainland China jointly applied for a patent and the applicant for other patent matters, should appoint a patent Agency. Has appointed a patent Agency, the inspector shall issue a notice of review, notify the applicant to reply within a specified time limit.

    The applicant fails to reply within a specified period, the inspector shall issue a notice of deemed withdrawal; remarks or corrections still does not meet the requirements of the applicant, the patent application shall be rejected. Delegates of both parties is that the applicant, and was appointed a patent Agency. There are two or more applicants, a delegate is that all applicants and both parties appointed a patent Agency. Was appointed a patent Agency, only one family, except as otherwise provided in this guide.

    Patent Agency after accepting authorization, it should be specified that patent agents patent agents handle the related affairs, was designated patent agent shall not exceed two. Rule 15.

    3 6. 1.

    2 power of Attorney Any applicant who appoints a patent Agency to apply to the Patent Office patent, and any other patent matters, you should submit a power of attorney. Power of attorney should use the standard forms established by the Patent Office, State delegate permissions, invention names, patent agency names, names of patent agents, and should correspond to the content and fill in the request.

    After you determine the number of patent applications submitted to the power of attorney shall also indicate the patent application number. The applicant is an individual, the power of attorney shall be signed or sealed by the applicant applicant is the unit shall affix its official seal, while also bearing his signature or seal of legal representatives; there are two or more applicants, should be signed by all the applicants or seals.

    In addition, the power of attorney should also be by the patent agency seal. Any applicant who appoints a patent Agency, general power of Attorney deposited with the Patent Office; the Patent Office after receipt of the compliance of the general power of Attorney, general power of Attorney is given number and notify the patent Agency.

    Deposited general power of Attorney, in making patent application, originals can no longer submit a power of Attorney for patent application, and submit a copy of the general power of Attorney, and clearly state the name of the invention, a patent agency name, name of the patent agent and Patent Office given the general power of Attorney numbered and stamped with the seal of the patent Agency. Power of Attorney does not meet the requirements, the inspector shall issue a notice of correction, notify the Agency rectify it within a specified period.

    Of the first named applicant is the entity or individual in China, did not respond to the expiration or after a correction is still not in conformity with the provisions, the inspector shall issue to the parties notice of appointed a patent Agency shall be deemed not. The first named applicant is a foreigner, foreign enterprise or other foreign organization, did not reply to the expiry, the inspector shall issue a notice of deemed withdrawal; corrections still does not meet the requirements, the patent application shall be rejected.

    The first signature the applicant is in Hong Kong, Macao or Taiwan area individuals, corporations or other organizations, did not reply to the expiry, the inspector shall issue a notice of deemed withdrawal; corrections still does not meet the requirements, the patent application shall be rejected. 6. 1.

    3 lift the delegate and resign The applicant (or the patent) after appoints a patent agency may terminate a delegate; patent agency accepts (or patentee) delegation, to resign. Delegate to a dissolved and resigned from the formalities of the relevant provisions in this chapter the 6th. 7. 2.

    4. 6.

    2 priority Demand the right to priority, refers the applicant to the Patent Office under patent law article 29th requirements proposed in the earlier patent application based on priority.

    29th, 30th the applicant claims priority shall comply with the patent law, patent law implementation rules the 31st, 32nd, and the relevant provisions of the Paris Convention. 29.

    1 Applicants on same theme of invention or practical new in foreign first times proposed patent application of day up 12 months within, or on same theme of appearance design in foreign first times proposed patent application of day up six months within, and in China proposed application of, in accordance with the country with China signed of agreement or common participate in of international treaty, or in accordance with mutual admitted priority of principles, can enjoys priority.

    This priority is called foreign priority. 29.

    2 Applicants on the same themes of invention or utility model in China for the first time within 12 months from the date on which the patent application is made, and is based on the invention patent application to the Patent Office for a patent for invention or utility model patent, or based on the utility model patent application to the Patent Office patent application or application for a patent for invention, can be given priority.

    This priority is known as national priorities. 6. 2.

    1 foreign priority 29.

    1 6. 2. 1.

    1 and where the priority of the earlier application of the later Applicants to Patent Office proposed a pieces patent application and requirements foreign priority of, review member should review as requirements priority based of prior application whether is in Paris Convention members within proposed of, or is on the members effective of area application or international application; for from non-Paris Convention members of requirements priority of application, should review the country whether is admitted China priority of national; also should review requirements priority of applicants whether right to enjoy Paris Convention give of right,

    Namely, whether the applicant is the nationals or residents of States members of the Paris Convention, or whether the applicants are nationals or residents of countries recognize China's priority. Examiners should also be reviewed after claims the right of priority in application is submitted within the prescribed time limit; do not meet requirements, the inspector shall issue a notice of claim priority shall be deemed not.

    Have two or more of the earlier application, which from the earliest date of filing of the earlier application, for more than the prescribed, that exceed the term limit declarations, the inspector shall issue a notice of claim priority shall be deemed not.

    In the preliminary review, whether the earlier application is the first application of the Paris Convention, as well as earlier applications and the later review of the substance of the topics are the same, shall not, unless the first Paris Convention for the application is manifestly incompatible with the relevant provisions of or after the earlier application and the application is obviously not relevant to the topic.

    Earlier application can be defined by the fourth article of the Paris Convention requires the inventor certificate application.

    Law 30 Rule 16 (5) and 31.

    2 6. 2. 1.

    2 requires declarations The applicant claims the right of priority shall be declared in the patent application in the request at the same time; does not make a declaration in the request, shall be deemed not to claim priority.

    Applicants in requirements priority statement in the should stated as priority based of prior application of application day, and application, and original accepted institutions name; not stated or wrong wrote prior application day, and application, and original accepted institutions name in the of a items or two items content, and applicants has in provides of term within submitted has prior application file copy of, review member should issued handle procedures correction notice, expires not replies or correction Hou still not meet provides of, review member should issued considered not requirements priority notice.

    Requirements more items priority and in statement in the not stated or wrong wrote a prior application of application day, and application, and original accepted institutions name in the of a items or two items content, and applicants has in provides of term within submitted has the prior application file copy of, review member should issued handle procedures correction notice, expires not replies or correction Hou still not meet provides of, considered not requirements the items priority, review member should issued considered not requirements priority notice. 6. 2. 1.

    3 copies of the earlier application documents Rules of 31.

    1 As a basis for priority of the earlier application documents shall be issued by the original organization of the earlier application.

    Format of the copy of the earlier application documents shall be in conformity with international practice, at least showed that the original organization, the applicant, filing date, application number; do not meet requirements, the inspector shall issue a check and correction notices expire after no reply or correction is still not in conformity with the provisions and regarded as not submitted copy of the earlier application documents, the inspector shall issue a notice of claim priority shall be deemed not.

    Requirements more items priority of, should submitted all prior application file copy, which a copies not meet provides of, review member should issued handle procedures correction notice, expires not replies or correction Hou still not meet provides of, considered not submitted the prior application file copy, for the prior application file copy corresponds to of that items requirements priority statement, review member should issued considered not requirements priority notice.

    Copy of the earlier application documents shall be submitted within three months from the date of the later submission; the expiration of uncommitted, the inspector shall issue a notice of claim priority shall be deemed not.

    State intellectual property office in accordance with the agreements with the accepting institution of the earlier application, the Patent Office via electronic exchange obtained from the accepting institution, including copies of the earlier application documents, as submitted by the applicant to the accepting institution attesting that extra copies of the earlier application documents.

    Of the earlier application has been submitted to the Patent Office a copy of the file, need to submit again, you can only submit the copies of titles in Chinese translation, but should indicate where the original copy of the earlier application documents file number. Rules of 31.

    3 6. 2. 1.

    4 applications the applicant

    Claims the right of priority of the later applicant and recorded copies of the earlier application documents that the applicant should be the same, or recorded copies of the earlier application documents that one of the applicants. Applicant is completely inconsistent, and the assignment of the right of the applicant of the earlier application in the application the applicant shall, within three months from the date of the application of the proposed submission by all the applicant of the earlier application signed or sealed by the proof of the assignment of the right.

    Earlier application has more than one applicant and the later has more than one different to the applicant, can be submitted by all applicants to join the earlier application signature or seal after the transfer of all applicants to apply for the assignment of the right documents can also be submitted by all applicants of the earlier application, respectively signed or sealed by the transfer to the later applicant's proof of the assignment of the right.

    Expiry of the applicant has not submitted the assignment of the right documents or submitted documents do not meet requirements for the transfer of the right of priority, the inspector shall issue a notice of claim priority shall be deemed not. 6. 2.

    2 requirements of domestic priority Rule 32.

    2 6. 2. 2.

    1 and where the priority of the earlier application of the later

    And where the priority of the earlier application in the latter application shall comply with the following requirements:

    (1) the earlier application should be the invention or utility model patent application, design patent applications should not be, and should not, be a divisional application.

    (2) the subject of earlier application asked for a foreign or domestic priority, or asked for a foreign or domestic priority, but does not have priority.

    (3) the theme of the earlier application, has not been granted a patent.

    (4) where the priority of the later is made within 12 months from the filing date of the earlier application. Review mentioned in sub-paragraph (3) item, to claim priority of the later application date as the time criteria.

    Review the (4) items, which require a number of priorities, with the earliest filing date of the earlier application as of the time criteria, which claims the right of priority of the later application date was one of the earliest made within 12 months from the filing date of the earlier application.

    One of the earlier application does not comply with the above requirements, does not meet the requirements of the statement of claim priority, the inspector shall issue a notice of claim priority shall be deemed not. When reviewing the priorities, if it is found that the Patent Office has issued a patent right shall be granted the earlier application notices and notice of registration, and the applicant has handled registration procedures, examiners should be for a priority claim shall be deemed not notice on the later. Preliminary review, the inspectors review only the later is apparently unrelated to the earlier application topic, and does not review the later with the substance of the earlier application are the same.

    When when their applications not related to the subject, the inspector shall issue a notice of claim priority shall be deemed not.

    Law 30 Rule 16 (5) and 31.

    2 6. 2. 2.

    2 requires declarations

    The applicant claims the right of priority shall be declared in the patent application in the request at the same time; does not make a declaration in the request, shall be deemed not to claim priority. The applicant claims priority shall be indicated in a statement as a basis for priority of the earlier application filing date, application number and the original organization name (China).

    Is not indicated or the wrong one of these or both items, the inspector shall issue a check and correction notices expire after no reply or correction is still not in conformity with the provisions, the inspector shall issue a notice of claim priority shall be deemed not.

    Requirements and multiple priorities in a statement is not stated or wrong an earlier application date of filing, the application number and the original organization in the name of one or two elements, the inspector shall issue a check and correction notices expire after no reply or correction is still not in conformity with the provisions, the priority claim shall be deemed not, the inspector shall issue a notice of claim priority shall be deemed not. Rules of 31.

    1 6. 2. 2.

    3 copies of the earlier application documents Copy of the earlier application documents, according to regulations made by the Patent Bureau.

    The applicant claims national priorities and requests such as the earlier application filing date and application number, as submitted copy of the earlier application documents. Rules of 31.

    3 6. 2. 2.

    4 applications the applicant Claims the right of priority of the later applicant shall be consistent with the earlier application record of the applicant; is inconsistent, the later applicant shall propose submitted within three months from the date of the application after the earlier application all applicant signature or seal of the assignment of the right documents.

    Expiration of the application after the applicant has not submitted proof of the assignment of the right, or submit documents do not meet requirements for the transfer of the right of priority, the inspector shall issue a notice of claim priority shall be deemed not. Rule 32.

    3 6. 2. 2.

    5 as of withdrawal of an earlier application procedures

    Applicant claims national priority, its free application is made after the date of the earlier application shall be deemed withdrawn. Applicant requirements of domestic priority, upon preliminary examination, considered in conformity with the provisions, the inspector shall give notice of deemed withdrawal of the earlier application.

    Applicants require two or more domestic priority, after a preliminary examination, finds in conformity with the provisions, the inspector shall, for, of the earlier application, give notice of deemed withdrawal.

    Be treated as withdrawal of the earlier application shall not seek recovery. 6. 2.

    3 the withdrawal of priority claims The applicant claims a right of priority, may withdraw a priority claim.

    After the applicant claims multiple priorities, you can withdraw all priority claims, or withdrawal of one or more of the priority claim. Applicant requests withdrawal of the priority claim, it shall submit a signed or sealed by the withdrawal of the declarations of the applicant as a whole. In conformity with the provisions, the inspector shall issue a clearance notice.

    Does not meet the requirements, the inspector shall issue a notice of proposed shall be deemed not to.

    Priority requirements withdrawn Hou, led to the patent application of first priority day change Shi, since the priority day starting of various term yet expires of, the term should since change Hou of first priority day or application day starting, withdrawn priority of requests is in original first priority day up 15 months zhihou arrived Patent Office of, is in Hou patent application of announced term still according to original first priority day starting.

    Requirements of domestic priority, after the withdrawal of priority, in accordance with the implementing rules of the patent law article 32nd paragraph is deemed to be withdrawn if the earlier application shall not be requested reinstatement because of the withdrawal of a priority claim. 6. 2.

    4 priority Rule 93.

    1 (1) Rule 95.

    2

    Claims the right of priority, shall pay an application fee and payment of required fees; not paid or not paid in full by the expiration, the inspector shall issue a notice of claim priority shall be deemed not.

    Priority claim shall be deemed not or withdraw a priority claim, claiming fees that have been paid will not be returned. 6. 2.

    5 restoration of priority claim

    Claims for priority and shall be deemed not to belong to any of the following circumstances, the applicant may pursuant to article sixth of the implementing regulations of the patent law provides restoration of priority rights:

    (1) the notice of correction is not answered within a specified period to handle the result regarded as not claiming priority.

    (2) declarations of at least one piece of content to fill in correctly, but is not submitted within the period specified in the earlier application a copy of the file or assignment of the right of priority.

    (3) declarations of at least one piece of content to fill in the right, but is not paid or paid in full within the prescribed priority fee.

    (4) a divisional application of the original request has priority.

    Provisions relating to requests for restoration of rights, apply the provisions of part v 6th section of the seventh chapter of this guide. In addition to the above cases, other causes are considered priority shall not be restored.

    For example, because the patent application did not make a declaration in the request shall be deemed not to claim priority, not to restore the right of priority is claimed. 6.

    3 does not lose its novelty where public

    According to the provisions of article 24th of the patent law, patent-pending invention at the time of application (priority priority date) within six months before any of the following circumstances, does not lose its novelty where:

    (1) an international exhibition sponsored or recognized by the Chinese Government on display for the first time;

    (2) first published in prescribed academic or technological meeting;

    (3) any person without the consent of the applicant disclosure of its contents. Rule 30.

    1 6. 3. 1 the Chinese Government sponsored or recognized international exhibition was first exhibited at international exhibition sponsored by the Chinese Government, including the State Council and the ministries sponsored or approved by the State Council International exhibition organized by other agencies or local governments. International exhibition recognized by the Chinese Government, refers to the provisions of the Convention on international exhibitions organized by the international exhibition Bureau registered or recognized international exhibition.

    The so-called international exhibition, the exhibits on display in addition to the host country, other than those should also have foreign exhibits.

    Invention before the date of filing of the application for patent in China within six months of Government-sponsored or recognized by international exhibition exhibited for the first time, applicants are asked not to lose its novelty grace period, it should be declared in the application in the request, and supporting document is submitted within two months from the date of filing. International exhibition of materials that should be issued by the Organizer.

    Documents shall be indicated in the exhibition dates, place, name of the exhibition and the inventions on display the dates, format and content, and seal. Rule 30.

    2 6. 3. 2 in the prescribed academic or technological meeting, published for the first time a prescribed academic or technological meeting, refers to the relevant authorities or national academic or technological meeting organized by academic groups, not including below the provincial level or ministries or national academic organizations commissioned or academic or technological meeting organized on their behalf.

    Open in the meetings referred to in the latter will result in the loss of novelty, unless the Conference itself have a confidentiality agreement.

    Patented invention within six months before the date of filing in prescribed academic or technological meeting, published for the first time, applicants are asked not to lose its novelty grace period, it should be declared in the application in the request, and supporting document is submitted within two months from the date of filing. Documentation of academic conferences and technical meetings, shall be formulated by the competent department or organization meeting, issued by the national academic community.

    Documentation should indicate the Conference dates, locations, conference name, date, form and content of publication of the invention, and seal. 6. 3.

    3 any person without the consent of the applicant disclosure of its contents

    By any person without the consent of the applicant disclosing its contents caused by the public, including other non-compliance with express or implied confidentiality letter about the contents of the invention publicly, also includes others with threats, fraud or espionage from the inventor or applicant that innovation content and then open. The invention before the date of filing of the patent within six months of leaked its contents by any person without the consent of the applicant, before the application if the applicant has been informed that should be declared in the patent application in the request, and supporting document is submitted within two months from the date of filing. If the applicant after the date of filing, that shall, within two months after that request declaration that does not lose its novelty grace period, and attach supporting materials.

    Inspector deems it necessary, may require the applicant to submit proof within a specified period.

    Discloses the application material submitted by the applicant on the other evidence, you should indicate the disclosure date, leak, leaked, and signed by the certificate or seal.

    Applicant does not lose its novelty grace period but do not meet the above requirements, the examiner shall issue a claim shall be deemed not notice does not lose its novelty where grace. 6.

    4 requests for substantive examination

    The substantive examination of the invention patent application procedures based primarily on the substantive examination starts at the request of the applicant. 6. 4.

    1 review of requests related to requirements 35.

    1 Rule 93.

    1 (2) and 96

    Law 36

    Substantive examination shall, from the date of filing the request (priority, the priority date) within three years, and the time within which the substantive examination fee paid.

    When the applicant for a patent for invention requests examination as to substance, it should be submitted at the time of application (priority, the priority date) relating to his invention before the references. 6. 4.

    2 substantive requests for review of examination and treatment

    The review request in accordance with the following requirements:

    (1) in the substantive examination request made before the expiry of a period of three months, the applicant has not put forward requests for substantive examination, the inspector shall issue a notice before the expiry.

    (2) applicants has in provides term within submitted has real review requests book and paid has real review fee, but real review requests book of form still not meet provides of, review member can issued considered not proposed notice; if term expires Qian notice has issued, is review member should issued handle procedures correction notice, notification applicants in provides term within correction; expires not correction or correction Hou still not meet provides of, review member should issued considered not proposed notice.

    (3) the applicant is not submitted within the period specified in the request of substantive examination, or not within the period specified in the pay or pay full substantive examination fee, the inspector shall issue a notice of deemed withdrawal.

    (4) substantive examination request in conformity with the provisions, while in the substantive examination procedure, the inspector shall issue a notice of patent application into the substantive examination phase.

    Rule 46 6.

    5 ahead of announcement

    Statement applies only to the application for patent for invention published in advance.

    Put forward by the applicant cannot attach any conditions to the launching in advance. Pre-publication declares that it does not meet the requirements, the inspector shall issue a notice of proposed shall be deemed not; in conformity with the provisions, in the preliminary examination of patent applications published immediately after preparation.

    Released into preparation, announced to withdraw ahead of the Declaration of the applicant, the request shall be deemed not made and published application documents as usual.

    Act 32 Rule 36.

    1 6.

    6 to withdraw a patent application statement Before granting a patent, the applicant can take the initiative to withdraw its application for a patent at any time.

    Withdrawals of patent application, withdraw the patent application statement shall be submitted, accompanied with all applicants sign or seal agreed to withdraw the patent application documents or submitted by all applicants only declarations signed or sealed by the withdrawal of a patent application.

    Appointed a patent Agency, withdrawal of the patent application procedure shall be handled by the patent Agency, and attach all the applicants signature or seal agreed to withdraw the patent application documents, or only submitted by a patent Agency and the signature or seal of the applicant to withdraw a patent application statement.

    Withdrawal of patent applications without any condition.

    Withdraw the patent application declares that it does not meet the requirements, the inspector shall issue a notice of proposed shall be deemed not; in conformity with the provisions, the inspector shall issue a clearance notice. The effective date of the withdrawal of the patent application procedure notice dispatch day. For a patent application has been published, and should make an announcement in the Patent Gazette.

    Applicants without good reason shall not be required to withdraw the patent application to revoke the Declaration but the real owner in the right to apply for a non-malicious after the withdrawal of a patent application, the right to apply for real people (which should be submitted to the legal instruments in force to prove) statement may request revocation of withdrawal of the patent application. Rule 36.

    2

    Withdrawal of patent applications made after the statement is published in the patent application into the prepared, published or announced as usual application documents, review the program terminates. 6.

    7 description of project changes Description project (that description matters) including: application,, and application day, and inventions name, and classification,, and priority matters (including prior application of application,, and application day and original accepted institutions of name), and applicants or patent people matters (including applicants or patent people of name or name, and nationality or registered of national or area, and address, and postal code, and organization institutions code or identity card pieces number), and invention people name, and patent agent matters (including patent agent institutions of name, and institutions code, and address , Zip code, patent agent's name, license number, phone number), contacts (including name, address, postal code, phone) as well as representatives.
    Description of the personnel-related items (refers to the applicant or the patentee, the name of the inventor, patent agent, contacts, matters, person) changes, should be determined by the parties in accordance with the provisions of bibliographic changes procedures; other bibliographic changes, can be change by the Patent Office as the case ex officio. Law 10 and rule 119.

    2

    Right to apply for a patent (or patent) assignment or other transfer, the applicant (or the patent) should be registered with the Patent Office as a bibliographic changes. 6. 7.

    1 description of project change procedures 6. 7. 1.

    1 bibliographic Declaration of change Description project description project change procedures should be submitted to change handle returns.

    Multiple recording projects at the same time a patent application is changed by simply submitting a declaration of change of bibliographic items; a continuous change description of patent applications for the same project, each Party shall submit a description of the project Declaration of change; change description of multiple patent applications for the same project, even if the changes are identical, should also submit bibliographic Declaration of change. Rule 93.

    1 (5) 6. 7. 1.

    2 description of project change fees Handling bibliographic description of change shall be paid in accordance with the provisions of item change fees (that is, the bibliographic data). Description item published by the Patent Office in patent fees change fees means that a patent application cost per each declaration of change of description of project. For a patent application (or the patent), the applicant in a bibliographic description of application procedures for amendment on the same project proposes continuous alteration is deemed a change.

    Request for a change of the applicant the inventor and/or the applicant (or the patentee), bibliographic changes fees shall be paid 200 Yuan, change patent agents and/or patent agents, bibliographic changes fees shall be paid 50 Yuan. For example, in a bibliographic application procedure for amendment the applicant sought a patent application the applicant change from a to b, and then change from b to c, seen as a change of the applicant shall pay the fee 200 bibliographic changes.

    If at the same time change the name of the inventor, the applicant need only pay a change fee 200 bibliographic.

    As another example, in a bibliographic application procedure for amendment the applicant sought a patent application the applicant change from a to b and change patent agents and attorneys, the applicant shall pay the fee 200 bibliographic changes and agents, agents of the change fee of 50 Yuan. Rule 99.

    3 6. 7. 1.

    3 bibliographic changes to fee payment deadline

    Bibliographic changes fees shall be paid within one month from the date of request, unless it is otherwise provided by; not paid or not paid in full by the expiration of, description of proposed changes shall be deemed not to declare. 6. 7. 1.

    4 people who handle the cataloging project change procedures No patent Agency, description of item change should be made by the applicant (or patent) or his representative to deal with has been appointed a patent Agency, should be handled by the patent Agency.

    Changes caused due to transfer of rights, or by the new rights or his delegate's patent Agency.

    Law 10 Rule 119.

    2 6. 7.

    2 change of bibliographic documents 6. 7. 2.

    1 the applicant (or the patentee) name or name change

    (1) individual change requests raised by the change of name shall submit documentary proof of residence issued by the Administrative Department.

    (2) individual change requests raised by the filling in mistake, and shall submit a signed statement or seal and proof of my identity.

    (3) the corporate name change request, shall submit the documents issued by the administrative departments for industry and commerce.

    (4) legal persons in public institutions and social organizations change requests raised by the name of a legal person shall submit the certificate of registration issued by the Administrative Department of the file.

    (5) change requests raised by the name of a legal person shall submit the documents issued by the higher authorities.

    (6) other organizations raised by the name of the change request, shall submit the certificate of registration issued by the Administrative Department of documents.

    (7) any foreigner, foreign enterprise or other foreign organization name change requests, proof shall submit a corresponding reference to the provisions referred to above.

    (8) any foreigner, foreign enterprise or other foreign organization for change the request change the Hansard, applicants shall be submitted (or patentee) statement. Rule 14.

    1 6. 7. 2.

    2 the right of patent application (or the patent) transfer (1) the applicant (or the patent) change requests raised by the transfer of ownership rights, if the dispute is settled through negotiation, shall be submitted to all rights transfer agreement is signed or sealed by the parties. If disputes is by place intellectual property management sector mediation solution of, should submitted the sector issued of mediation book; if disputes is by court mediation or judgment determine of, should submitted entered into force of court mediation book or judgement, on a trial court of judgment, received judgement Hou, review member should notification other party, confirmed whether filed appeal, in specified of term within not replies or clear not appeal of, should according to this judgement be change; filed appeal of,

    The Parties shall submit the documents issued by the superior people's Court, judgements of the Court is not legally effective; if the dispute is settled by the mediation or arbitration bodies identified, shall be submitted to arbitration mediation or arbitration award. (2) the applicant (or the patent) due to the transfer of a right or rights transfer of grant change request shall submit the assignment or the grant contract. The contract is concluded, shall be affixed to the unit's cachet or contract seal. Citizens to enter into a contract, signed or stamped by me.

    There is more than one applicant (or the patent holder) shall submit proof of right holders consent to the transfer of the whole or any materials.

    (3) the right to apply for a patent (or patent) transfers (or gift) involving a foreigner, foreign enterprise or other foreign organization shall comply with the following requirements:

    (I) the transferor and the transferee is a foreigner, foreign enterprise or other foreign organization, shall submit a transfer contract signed or sealed by the two sides.

    Law 10

    (Ii) for invention or practical new patent application (or patent), transfer party is China mainland of personal or units, by let party is foreigners, and foreign enterprise or foreign other organization of, should issued State business competent sector issued of technology export license or free export technology contract registration certificate, or place business competent sector issued of free export technology contract registration certificate, and both signed or sealed of transfer contract.

    (Iii) the party is a foreigner, foreign enterprise or other foreign organization, and the transferee is the individual or unit in China shall submit the transfer contract signed or sealed by the two sides.

    China mainland of personal or units and foreigners, and foreign enterprise or foreign other organization as common transfer party, by let party is foreigners, and foreign enterprise or foreign other organization of, applies this items (ii) of provides processing; China mainland of personal or units and foreigners, and foreign enterprise or foreign other organization as common by let party, transfer party is foreigners, and foreign enterprise or foreign other organization of, applies this items (iii) of provides processing.

    China mainland of personal or units and Hong Kong, and Macau or Taiwan area of personal, and enterprise or other organization as common transfer party, by let party is foreigners, and foreign enterprise or foreign other organization of, reference this items (ii) of provides processing; China mainland of personal or units and Hong Kong, and Macau or Taiwan area of personal, and enterprise or other organization as common by let party, transfer party is foreigners, and foreign enterprise or foreign other organization of, reference this items (iii) of provides processing.

    Individuals or units of the transferor is the Mainland of China, the transferee is from Hong Kong, Macao or Taiwan individuals, businesses or other organizations in the area of reference (ii) regulations.

    (4) the applicant (or the patent) is the unit, due to the merger, Division, cancellation or change of organizational structure change request, shall submit the certificate of registration issued by the Administrative Department of documents. (5) the applicant (or the patent) change requests raised by the inheritance, shall be submitted to the notary's Party is the only legal heir or person including all documents of legal heirs.

    Except as otherwise expressly provided herein, joint heirs should inherit the right of patent application (or the patent).

    (6) the right to apply for a patent (or patent) change requests raised by the auction, has the legal effect of the supporting documents shall be submitted.

    (7) the transfer of patents during patent pledge, except change the required supporting documents shall be submitted, shall also submit the pledge both parties agreed to change the document. Rule 119.

    2 6. 7. 2.

    3 inventions, modification (1) change requests raised by the change of name of the inventor, refer to this chapter the 6th. 7. 2.

    Section 1 (1) of the rules.

    (2) due to missing or incorrect entries in the inventors submitted change requests should be submitted by all applicants (or patent) and before changes are all proof of the signature or seal of the inventor. (3) change requests raised by the dispute over the qualification of the invention with reference to this chapter the 6th. 7. 2.

    Section 2 (1) of the rules.

    (4) change the request change the Hansard, shall submit a declaration of the inventor. Rule 119.

    2 6. 7. 2.

    4 patent agencies and agents change (1) a patent agency changed its name, moved, should be first in the competent departments of the State intellectual property Office of filing the registration procedures, registration procedures after entry into force, by the Patent Office uniform on all valid patent applications and patents to make changes.

    Patent agents of change should be handled by the patent agency case change procedures.

    (2) the dissolved appointed or declines the entrustment procedure, shall notify the other party in advance. Disarmament delegates, the applicant (or the patentee) bibliographic Declaration of change shall be submitted, accompanied with all applicants (or patentee) signed or sealed by the dismissal, or only submitted by all applicants (or patentee) description project Declaration of change of signature or seal.

    When you resign, a patent Agency shall submit a description of the project Declaration of change, and affix the applicant (or patent) or its representatives signed or sealed by the statement of agreed to resign, or stamped by the patent agency that has notified the applicant (or the patentee) statement. Change to take effect (procedures qualified notice on that), the original patent agents are still valid, and patent agents for the applicant (or patent) for various services in change after the entry into force continue to have effect.

    Change procedures do not meet requirements, the inspector shall go through the procedures of alteration of the parties give notice of proposed shall be deemed not; change procedures in conformity with the provisions and formalities should be issued to the parties notice of the Inspector.

    For the first named applicant in the Mainland without the habitual residence or place of business of foreign applicants of patent applications, at the time of release appointed or declines the entrustment procedure, the applicant (or the patent holder) shall at the same time appointed a new patent Agency, otherwise not dissolved appointed or declines the entrustment procedures, the inspector shall issue a notice of proposed shall be deemed not to.

    For the first named applicant in the Mainland have no habitual residence or place of business in Hong Kong, Macao or Taiwan area applicant's patent application, dissolved when appointed or declines the entrustment, the applicant (or the patent) shall at the same time appointed a new patent Agency, otherwise not dissolved appointed or declines the entrustment procedures, the inspector shall issue a notice of proposed shall be deemed not to.

    (3) the applicant (or the patent) replace the patent Agency shall be submitted by all applicants (or patentee) signature or seal on the original patent agency lifted a delegate declaration and power of attorney to the new patent Agency.

    (4) patent application right (or patent) transfer of, change Hou of applicants (or patent people) delegate new patent agent institutions of, should submitted change Hou of all applicants (or patent people) signed or sealed of Attorney; change Hou of applicants (or patent people) delegate original patent agent institutions of, just submitted added applicants (or patent people) signed or sealed of attorney. Rule 119.

    2 6. 7. 2.

    5 the applicant (or patent) change of nationality

    The applicant (or the patent) change of nationality, identity document shall be submitted.

    Rule 120 6. 7. 2.

    6 proof of form requirements

    (1) in the various documents submitted, shall indicate the application number (or patent), the name of the invention and the applicant (or the patentee) name or title.

    (2) a copy of supporting documents correspond to the description of project change requests only once, continuously change the same bibliographic, each Party shall submit documentary evidence. (3) a variety of supporting documents should be originals.

    Copies of documents are, it should be notarized and stamped by the authorities or by a certificate file (the original record in the patent office unless it is confirmed by); copies of form documents are in a foreign country shall be notarized. 6. 7.

    3 description of project change procedures of examination and approval Reviewers should be based on the description of the project submitted by the parties Declaration of change and attach supporting documents for review.

    Bibliographic changes declaration procedures do not meet requirements, should be issued to the parties to change procedures proposed shall be deemed not to notice bibliographic application procedures in conformity with the provisions for amendment should be issued to the party concerned procedures for notice of notice bibliographic changes before and after, shall be announced, should also notify prepare bulletin series. Bibliographic changes related to transfer of rights, the procedures notice shall be given to the parties. Submitted by the same applicant (or patentee) involves multiple changes, the procedures notice shall be issued to an applicant before the change (or patent) and change the last applicant (or franchises). Formalities of notice to the applicant (or patent) should be completed by the applicant (or franchises). Relates to a patent Agency to replace the procedures notice shall be given to patent Agency of change before and after the change.

    Meanwhile, the inspector should also be handled as follows:

    (1) related to fee mitigation:

    (I) the applicant (or the patent) of all changes, change of the applicant (or the patentee) fee mitigation requests had been filed, and no longer be slowed, the inspector should modify costs slow the tags in a database, and notify the applicant (or franchises).

    (Ii) changes the applicant (or the patentee) increases, new applicants (or patentee) fee mitigation requests had been filed, and no longer be slowed, the inspector should modify costs slow the tags in a database, and notify the applicant (or franchises).

    (Iii) change the applicant (or the patentee) reduction, the applicant (or the patentee) did not request costs slowed again, fee mitigation standards unchanged.

    After change of the applicant (or the patentee) can be based on requests for fee mitigation options to apply for a patent fee mitigation procedures.

    (2) before the change of the applicant (or the patentee) filled out the contact, change of the applicant (or the patentee) primary contact is the contact is not specified, the inspector shall remove from the database before the change of the applicant (or the patentee) specifies contact information.

    (3) the involved patent Agency, after change of the applicant (or the patentee) has appointed a patent Agency, the inspector shall remove from the database before the change of the applicant (or the patentee) appoints a patent agency information.

    (4) in accordance with the regulations shall be announced in the Patent Gazette changes, such as changes of the patentee, shall publish bibliographic changes before and after the case.

    (5) a patent agency names, addresses change and in accordance with the Regulations on Patent Commissioning withdraw the patent Agency shall be handled as follows:

    (I) collective bibliographic patent agency changes and revoked a patent agency need to be harmonized, unified modification related bibliographic database. (Ii) patent Agency to revoke the patent application (or the patent) of the applicant (or patent) is the individual or unit in China, since the date of the revocation notice, the first named applicant (or patent) as representative of patent applications, except as otherwise stated.

    The applicant (or the patent) can also be re-appointed a patent Agency. 10.

    3 6. 7.

    4 bibliographic changes take effect (1) description of project change procedures since the Patent Office issued from the date of the change notice to take effect.

    Right to apply for a patent (or patent) transferred from the registration date, date of registration of the said procedures notice dispatch day.

    (2) description of project change procedures prior to the commencement notices and has entered a patent issued by the Patent Office published or matters related to the notice prepared still to change the subject before.

    Rule 44 7.

    Review of significant substantive defects 7.

    1 in accordance with the patent law of the second paragraph of article review

    According to the patent law the provisions of the second paragraph of article II, the claimed invention in the patent law refers to the product, a process or an improvement that the new technical solutions. Preliminary review, the application document describes the "invention" of some of the technical characteristics of the, the Inspector can not determine whether the technical solution is complete, also could not determine whether the technical solution implemented. However, application file describes only some of the technical specifications, advantages and effects, and technical solutions to solve technical problems without any description, or even describe any technical content, the inspector shall issue a notice of review, notify the applicant to representations or modified within a specified period.

    Applicant fails to reply within a specified period, the inspector shall issue a notice of deemed withdrawal; remarks or corrections still does not meet the requirements of the applicant, the Inspector may decide to dismiss. 7.

    Article 2 in accordance with the patent law the fifth review

    According to the fifth of the patent law provides that inventions contrary to legal or social morality or that is detrimental to public interest, and violations of the laws and administrative regulations of the access to or use of genetic resources, and relied on the genetic resource he belongs, no patent shall be granted. Preliminary examination, the examiner should refer to the provisions of chapter I of part II of the guidelines the 3rd section, patented inventions are in clear violation of law, whether a breach of social ethics, and whether it is detrimental to public interest, three aspects are reviewed; depending on the genetic resource he belongs, should review genetic resources access or use is clearly contrary to provisions of laws and administrative regulations. Inspectors believe that patent applications all or part of the contents of one of the above areas, for example the following or a similar application submitted by the applicant: "a drug", "gambling tools and how to use them", the inspector shall issue a notice of review, rationale, and notify the applicant presented their views within a specified time limit or remove the corresponding sections. Applicants does not suffice for the reasons stated does not belong to the fifth article of the patent law of the application scope or without good reason, refuses to remove the part, decision should be made.

    According to inspector view remove the part of the applicant to make contextual content to text coherence and to increase the necessary text should be allowed.

    Rule 10

    These inventions of the alleged breach of patent law article fifth, excluding only the inventions of its prohibition by law. 7.

    3 according to the 20th article of the patent law review

    Under the provisions of the 20th article of the patent law, the applicant will be done in China, the invention patent application to the foreign, shall be submitted to the Patent Office conduct a confidential review.

    According to the eighth paragraph of the implementing regulations of the patent law provides that inventions completed in China, refers to the technology the invention of the substantive content of the programme completed in China. In the preliminary review, the Inspector has reason to believe that the applicant violates the above provisions apply to the foreign patent, for its domestic patent applications for the same invention, shall issue a notice of review.

    Applicants not indicating that it does not belong to for the reasons stated above, the Inspector can not comply with the patent law of 20th on the grounds of article under patent law article 20th fourth and 44th of the rules of the implementing regulations of the patent law decision. 7.

    4 according to the 25th of the patent law review

    According to the 25th of the patent law provides that no patent shall be granted the following:

    (1) scientific discoveries;

    (2) the rules and methods of intellectual activity;

    (3) the diagnosis and treatment of diseases;

    (4) animal and plant varieties;

    (5) materials obtained by nuclear transformation methods.

    Sub-articles (4) production of the products listed, patent can be granted in accordance with the provisions of the patent law. Preliminary examination, the examiner should refer to the provisions of chapter I of part II of the guidelines the 4th section, on applications for patents of invention and whether it belongs to the object of patent law article 25th no patent shall be granted for review. Inspectors believe that the entire contents of patent applications belonging to the 25th of the patent law of one of the circumstances listed in, for example, of the following or a similar application submitted by the applicant: "a newly discovered asteroid", "a method for diagnosis of human disease", the inspector shall issue a notice of review, with justification, notify the applicant to representations within a specified period. Applicant does not suffice for the reasons stated the application is not one of the above, the Inspector may decide to dismiss.

    Inspectors believe that parts of the patent application belongs to one of the above circumstances, difficult to split out from the application, no special treatment in a preliminary review, and leave the substantive examination process. 7.

    5 in accordance with the patent law of 31st article review

    Under the terms of the 31st article of the patent law, a patent application shall be limited to one invention, belong to a general inventive concept of two or more inventions, may be filed as one application. Rule 42.

    2 preliminary examination only if the application for a patent contains more than two completely unrelated inventions, the Inspector will need to issue a notice of review, notify the applicant amended its application for a patent to make it consistent with the provisions of single applicants without good reason and refuses to modify its application, the examiner may decide to dismiss. 7.

    6 according to the 33rd of the patent law review According to the 33rd of the rules of the patent law, the applicant can modify their patent application documents.

    However, modifications to the patent application documents shall not exceed the original specifications and scope of claims records. Preliminary examination only if the inspector issued a notice of review, requires the applicant to modify the application file, the required modifications to the applicant in relation to this obviously go beyond the specification review and request the load range of the right.

    Modified obviously Super range of, for example applicants modified has data or expanded has numerical range, or increased has original manual in the no corresponding text records of technology programme of right requirements, or increased a page or number page original manual or right requirements in the no records of invention of real content, review member should issued review views notice, notification applicants the modified not meet patent law 33rd article of provides, applicants statement views or correction Hou still not meet provides of, review member can made dismissed decided. During the initial inspection program, according to the 51st of the rules of the implementing regulations of the patent law of the applicant presented the initiative to revise the text, inspectors in addition to form the supplement book reviews, only whether the timing is in line with the initiative to revise the requirements to verify the 51st of the rules of the implementing regulations of the patent law. In conformity with the provisions and to the qualified opinion archive; do not meet the requirements, to the reference for the real advice archives.

    To review the initiative to revise the contents of the text does not, leave the substantive examination process. 7.

    7 according to article 17th of the implementing regulations of the patent law review Instruction shall not be used with technology-neutral words, shall not contain any commercial advertising diction and demeaning words or slander others, or other products, it is fair to point out that technology in the background issues should not be considered to be demeaning behavior. Technical content of the specification should be recorded in invention.

    Statement obviously does not comply with the above requirements, the examiner shall issue a notice of review, and explain the reason, and notify the applicant in the statement or correction within a specified period; of the applicant fails to reply within a specified period, the inspector shall issue a notice of deemed withdrawal; remarks or corrections still does not meet the requirements of the applicant, the Inspector may decide to dismiss. In the preliminary review, as long as the technical features of the invention described in the specification, and form in accordance with section 4th.

    The provisions of section 2, and on other substantive issues do not have to review, and leave the substantive examination process. 7.

    8 according to article 19th of the implementing regulations of the patent law review

    Claim shall record the technical features of the invention.

    Claim has nothing to do with the technical content of the programme shall be used in phrases, such as "the requested protection of the patent right to production and sales" and so on, shall not contain any commercial advertising diction or belittle others or others words.

    Preliminary review, the claim obviously does not comply with the above requirements, the examiner shall issue a notice of review, and explain the reason, and notify the applicant in the statement or correction within a specified period; of the applicant fails to reply within a specified period, the inspector shall issue a notice of deemed withdrawal; irregularities after the applicant has made the comments or corrections, the Inspector may decide to dismiss. 8.

    According to the terms of reference to modify According to the implementation rules of the patent law provisions of the fourth paragraph of the 51st article, patent application for invention of words and symbols in the file clearly wrong, the Inspector can be modified before the preliminary examination ex officio, and notify the applicant accordingly.

    To modify ex officio common scenarios are as follows:

    (1) application: changes in address or contact address of the applicant left, wrong or repeated to fill the provincial (autonomous regions and municipalities), city, zip code and other information. (2) claims and Manual: to correct obvious writing errors and punctuation errors, modify the text obvious editing error, delete obviously redundant information.

    However, may lead to documented changes in the scope of the original application modifications are outside the scope to modify ex officio.

    (3) Summary: added obviously missing elements and correct obvious writing errors and punctuation errors, delete obviously redundant information, specifies the abstract drawings.

    Preliminary review of chapter II utility model patent application 1.

    Introduction Article III and 40th of the regulations under the patent law, the Patent Office receives and examines patent applications, following a preliminary examination found no cause for rejection, the decision to grant a utility model patent, issue the relevant patent certificate, and register and announce it.

    Therefore, the preliminary review of utility model patent application is accepting utility model patent application, but before the grant of the patent right is a necessary procedure. Rule 44.

    1

    Preliminary review of the utility model patent application are:

    (1) the formal examination of the application documents, including whether the patent application contains the 26th article of the patent law of application documents, as well as the files that comply with the rules for the implementation of the patent law II, III, 16th to 23rd, 40th, 42nd, 43rd, 51st in the second and third paragraph, 52nd, 119th, 121th provision. (2) application file of obviously substantive defects review, including patent application whether obviously belongs to patent law fifth article, and 25th article provides of case, whether not meet patent law 18th article, and 19th article first paragraph, and 20th article first paragraph of provides, whether obviously not meet patent law second article third paragraph, and 22nd article second paragraph or fourth paragraph, and 26th article third paragraph or fourth paragraph, and 31st article first paragraph, and 33rd article or patent method implementation rules 17th article to 22nd article, and

    Article 43rd provisions of the first paragraph, in accordance with the patent law of the Nineth article cannot be patented.

    (3) other file of form review, including and patent application about of other procedures and file whether meet patent law tenth article second paragraph, and 24th article, and 29th article, and 30th article and patent law implementation rules second article, and third article, and sixth article, and 15th article, and 30th article, and 31st article first paragraph to third paragraph, and 32nd article, and 33rd article, and 36th article, and 45th article, and 86th article, and 100th article, and 119th article of provides.

    (4) the costs related to the review, including patent applications in accordance with the implementing rules of the patent law the 93rd, 95th, 99th, pay the associated costs. 2.

    Review of principles

    In the preliminary examination procedure, the examiner shall follow the principles the following review.

    (1) the principle of confidentiality

    Examiners in the patent application of the approval procedures, in accordance with the confidentiality provisions, has not yet been published, notice of patent application documents and other content in connection with patent applications, and other information have a duty of confidentiality are not suitable. (2) a written review
    Inspectors should be based on the written documentation submitted by the applicant for the review, reviews (including correction notice) and the results of the review should be notified in writing to the applicant.

    Preliminary review of programs, were set to meet in principle.

    (3) the principles of hearing Inspector before making the decision, should be dismissed on the basis of facts, reason and evidence, notify the applicant at least gave the applicant an opportunity for representations and/or modify application files.

    Examiners when making a decision, dismissed the facts, reasons and on the basis of the evidence, should have informed the applicant, does not contain new facts, grounds and/or evidence.

    (4) the principles of In eligible cases, the examiner should review efficiency as possible, shorten the review process. An application for correction can overcome deficiencies, the examiner should conduct a comprehensive review and, if possible, all the defects pointed out in a correction notice. Are possible through the application of correction to overcome the substantive gaps, the Inspector can not review the application documents and other files in the form of defect, in a review of a notice can only point out that substantive flaws.

    For defects in the application documents are accessed via modified ex officio applications overcome, the Inspector can not issue a notice of correction.

    In addition to following these principles, the inspector shall be deemed not to propose, deemed to be withdrawn, dismissed the disciplinary decisions at the same time, the follow-up program shall inform the applicant may start. 3.

    Review procedures

    Law 40 3.

    1 grant of the patent right to inform Utility model patent applications subject to preliminary review found no cause for rejection of, the inspector shall grant a utility model patent notice.

    Granted patent of utility model patent application not in need of correction in line with the initial request for review of patent applications, as well as the correction in line with the initial request for review of patent applications. Notice of grant of the patent right outside the recipient information, bibliographic, and should also indicate authorization is based on the text and utility.

    Inspector to modify ex officio, shall be indicated in accordance with terms of reference to modify content. 3.

    2 application supplement

    In the preliminary review for applications for document correction can overcome the deficiencies of the patent application, the examiner should conduct a comprehensive review and issued a notice of correction.

    By making rectifications of the applicant, application files are still flawed, the inspector should issue a notice of correction once again.

    Notice of correction among recipient information, bibliographic, and should include the following elements:

    (1) correction notice is submitted by the applicant when the file;

    (2) specific to point out defects in the application document, and noted that it does not meet the relevant provisions of the patent law and its implementing rules;

    (3) specifically indicate bias and possible recommendations of the Inspector to enable the applicant to understand the examiner's intention;

    (4) specify the applicant's reply to a notice of correction of the term;

    (5) prompts applicants when the correct type and number of documents requested. 3.

    3 significant substantive defects treatment

    In the preliminary review, if the Inspector considers the application files are possible through the correct way to overcome the obvious substantive defects, shall issue a notice of review.

    Review of notice outside of recipient information, bibliographic, and should include the following elements:

    (1) review notice is submitted by the applicant when the file;

    (2) specific to point out defects in the application document, and noted that it does not meet the relevant provisions of the patent law and its implementing rules, the fact that significant substantive defects in application documents, if necessary in conjunction with the relevant evidence for analysis;

    (3) the review will be based on the relevant provisions of the patent law and its implementing rules prepared to reject the patent application of bias;

    (4) the designated deadline applicant notice of response to review comments. 3.

    Notice of 4 replies After the applicant received a notice of correction or notice of review shall be the correction within the time limit specified in, or making a statement. To supplement the patent application the applicant shall submit the correction and modify the file replaces the page appropriately. Applications for file replacement sheet shall be in duplicate, other file only needs to submit a report. Modifications to the application document should modify the defects pointed out in the notice.

    Modify the contents of the submitted filing date shall not exceed the specification and claims the scope. The applicant did not reply to the expiry, the inspector should be made where deemed withdrawal notice or other notice. Applicants for just cause is difficult to reply within the specified time limit, can be an extension of the time limit requested.

    About requesting extension handle, apply the provisions of part v 4th section of the seventh chapter of this guide. Due to force majeure or other justified reason, the time period while the patent application will be considered withdrawn, the applicant may apply to the Patent Office within the prescribed time limit requests for restoration of rights.

    Processing relating to requests for restoration of rights, apply the provisions of part v 6th section of the seventh chapter of this guide. 3.

    5 applications rejected 3. 5.

    1 dismiss condition Application document Inspector find it impossible to overcome significant substantive defects by way of correction, after the inspector issued a notice of review, within the time limit specified by the applicants is not convincing representations and/or evidence, nor modify the defects pointed out in the notice, for example, only changed typos or changed expression, the Inspector may decide to dismiss. If it is pointed out that the notice of defect has been modified, and even pointed out flaws still exist, should also give opportunities for applicants to state again and/or modify the file.

    Again for subsequent modifications involve similar defects, if you modify the application file still exists after applicants have been informed of the defects, the Inspector may decide to dismiss.

    Application documents can be overcome by way of correction of defects inspectors in response to the notice of defect has been issued two corrections, and within a specified period after the applicant or supplement does not eliminate, the Inspector may decide to dismiss. 3. 5.

    2 decision body

    Decision text includes case, the grounds for dismissal, as well as three parts.

    (1) in part of the case, the application should indicate the decision against the text, and are rejecting the application review process.

    (2) in part of the grounds for dismissal, rejection decision is discussed in detail on the basis of the facts, reasons and evidence, particular attention should be paid to the following requirements: (I) correct choice of law provisions. When it can be based on various provisions of the patent law and its implementing rules reject the patent application, you should select one of the most suitable, dismissed by the dominant terms as the primary legal basis, and points out other substantive flaw in the application.

    Dismissed the legal basis should be included in the legal provisions set out in article 44th of the implementing regulations of the patent law.

    (Ii) compelling facts, reason and evidence as a basis for dismissed, the hearing and of the facts, reasons and evidence, dismissed the conditions had been met.

    (Iii) the correction is still flawed and rejected the patent application several times, should make it clear that this flaw has been issued two or more notice of correction, and the last time the defect correction files still exist.

    (Iv) to patent method second article third paragraph, and fifth article, and Nineth article, and 20th article first paragraph, and 22nd article second paragraph or fourth paragraph, and 25th article, and 26th article third paragraph or fourth paragraph, and 31st article first paragraph, and 33rd article or patent method implementation rules 20th article, and 43rd article first paragraph for reason dismissed patent application of, should on application file in the of obviously substantive defects for analysis.

    Inspector in part of the cause for rejection or argument of the applicant should be briefly reviewed.

    (3) in part of the decision, it should be made clear that the patent application does not comply with the corresponding provisions of the patent law and its implementing rules, and according to the implementation rules of the patent law set forth in article 44th of rejected the conclusions of the patent application. 3.

    6 front panel review and review of Because they do not meet the provisions of patent law and its implementing rules, the patent application was rejected, rejected the applicant disagrees with the decision, you can within the time provided in the review request to the patent reexamination Board.

    Front review of requests for review and post review with reference to provisions of the 8th section of the second part of the eighth chapter of this guide. 4.

    Review of other documents and related procedures 4.

    1 patent Agency Application of chapter I of this part of the 6th.

    The provisions of section 1. 4.

    2 priority Application of chapter I of this part of the 6th.

    The provisions of section 2. 4.

    3 does not lose its novelty where public Application of chapter I of this part of the 6th.

    The provisions of section 3. 4.

    4 withdraw the patent application statement Application of chapter I of this part of the 6th.

    The provisions of section 6. 4.

    5 bibliographic changes Application of chapter I of this part of the 6th.

    The provisions of section 7. 5.

    According to the patent law review fifth and 25th

    Utility model patent application is clearly belongs to the fifth of the patent law, 25th does not grant patent applications under review by reference to part II of the guidelines the provisions of chapter I, 3rd and 4th sections. 6.

    Under patent law article review Under patent law, the provisions of article II, the claimed utility of the patent law, refers to the product's shape, structure, or a combination thereof ' is fit for practical use of new technical solutions.

    This is the utility's general definition of patent protection can be obtained, rather than to judge the specific review criteria of novelty, creativity and practicality. 6.

    1 utility patents protect products Under patent law, the provisions of article II, utility model patents only protect products.

    Product should be described after industrial production, determine the shape, structure, and occupies space entities.

    All methods and natural items that are not manufactured does not belong to the object of the patent of utility model protection.

    Including product manufacturing method, using the above method, communication method, processing method, and computer program products for specific uses.

    For example, dust removal method of gear manufacturing method, or method of data processing, natural stone, such as do not belong to the object of the patent of utility model protection. An invention may include the product shape, structure, improvement, also include special methods for production of the product, process or composition of the product improvements in the material itself.

    But utility patent protects only against the product shape, structure, the improved technology.

    It should be noted are: (1) the claim given the method's name qualified products can be used in the shape, structure, but must not contain a method step, process condition.

    For example, the name qualified with known methods such as welding, riveting the parts connection, does not belong to the proposed improvements to the method itself. (2) if the claim contains both shape and structural features, and improvements to the method itself, for example contain product manufacturing methods, using method or a computer program for qualified technical features, you do not belong to the object of the patent of utility model protection. For example, a wooden toothpick, the main body is cylindrical, end of the cone, is characterized: wooden toothpicks after forming, soaked in disinfectant for medical use 5-20 minutes, then dry.

    Because the claim contains the proposed improvements to the method itself, which does not belong to the object of the patent of utility model protection. 6.

    2 the shape of the product and/or building

    Under patent law, the provisions of article II, utility models should be the product shape and/or building the proposed improvements. 6. 2.

    1 the shape of the product

    Shape is the product of the product has, and determine space shapes can be observed from the outside.

    Proposed improvements to product shape can be the improvements proposed by the three dimensional shape of the product, such as improvements to the cam shape and tool shape; can also be raised by the two-dimensional shape of product improvements, such as improvements to the profile section.

    No certain shape of product, for example, gaseous, liquid, powdery and granular substances or materials, it cannot be used as a utility product shapes feature.

    It should be noted are: (1) not biological or natural shapes as shape of the product.

    For example, not to plant bonsai plant growth by the formation of the shape characteristics as the shape of the product, or by natural rockery shape characteristics as the shape of the product.

    (2) cannot be placed, stacking and other methods of non-determined shape characteristics as the shape of the product.

    (3) allow a technical characteristics in the product for no certain shape of material, such as gaseous, liquid, and powder, granular material, as long as the characteristics of the product in the product structure, for example, the thermometer-shaped structure in the technical solution proposed by writing to determine the shape of the alcohol-free. (4) the product's shape can be in a particular case is determined by the space shapes. For example, ice cups, parachute, with a new shape.

    And as, a for steel with transport and store of steel with packaging shell, by within rims, and outside rims, and bundle with, and outside Nursing Board and waterproof composite paper, constitute, if its the part according to technology programme by determine of mutual relationship will steel with packaging up Hou formed determine of space shape, such of space shape not has any sex, is steel with packaging shell belongs to practical new patent protection of object. 6. 2.

    Constructions of 2

    Product structure refers to the various components of the arrangement, organization and relationships. Product structure can be mechanical structures, can also be a line structure.

    Mechanical structure is the product of the relative position of the component relationships, connections and the necessary mechanical fit; line structure is the product of the connection to determine relationships between components.

    Constructions of composite layer can be considered to be products of carburized layer, oxide layer belongs to the composite structure. Material's molecular structure, composition and metallographic structure does not belong to constructions of utility model patent protection.

    For example, changing only the component of electrode coating electrode does not belong to the object of the patent of utility model protection.

    It should be noted are:

    (1) claims can be included in the name of a known material, the known material in the existing technology can be applied to shapes, construction products, such as composite wood flooring, plastic cup, cardiac catheter Stent made of shape memory alloy, not part of the proposed improvements to the material itself. (2) If a claim contains both shape, structure, features, and improvements to the material itself, is not the object of the patent of utility model protection. For example, a diamond-shaped tablets, which is characterized, the pills are made of 20%, a component, b component of the 40% and 40% c composition.

    Because the claim contains improvements to the material itself, which does not belong to the object of the patent of utility model protection. 6.

    3 technical solutions Patent technology programme referred to in article II, paragraph refers to the technical problem to be solved by technical means taking advantage of the nature of the collection.

    Technology is often reflected by the technical features.

    Do not use technical means to solve technical problems, to obtain a natural effect of the programme, do not belong to the object of the patent of utility model protection. Product shapes and surface patterns, colors or combinations thereof, new programmes, without solving technical problems, does not belong to the object of the patent of utility model protection. Text, symbols, graphics, or a combination thereof on the surface of the new programme, does not belong to the object of the patent of utility model protection.

    For example: only change the button text, symbols, computer or cell phone keyboard is decorated with 12 Zodiac shape openers; only with the distinctive features of surface pattern design chess, cards, Poker and other ancient poems. 7.

    Review of the application documents 7.

    1 request Application of chapter I of this part of the 4th.

    The provisions of section 1. 7.

    2 manual In the preliminary review, the statement is obviously not in line with the patent law article 26th and 17th of the implementing regulations of the patent law to the provisions of the third paragraph of article review. Review involving the 26th article of the patent law by reference to chapter II of part II of the guidelines for the 2nd.

    The provisions of section 1.

    Specification reviews, including the following: 26.

    3

    (1) specification of utility should be made clear and complete instructions, subject to the skilled technicians to implement in the field of; skilled technicians in the field of implementation, refers to the skilled technician in accordance with the instruction in the field of recorded content, will be able to achieve the new technical solutions, solve their technical problems, and produce the desired result. Rule 17. 1.

    2

    (2) the instructions shall clearly state the name of the utility, the name should match the name in the request, instructions should also include technical areas, backgrounds, technology, utility, description and specific way of implementing five parts, and inclusion in front of each part of the title. Rule 17.

    1 (3)

    (3) utility section in the manual should describe the utility to resolve the technical problems, solve their technical problems using the technology programme, against the background of the State utility's beneficial effects and to solve technical problems, the technology used and the beneficial effects of mutual adaptation shall not appear contradictory or unrelated situations.

    (4) instructions recorded in the utility model rights entailed by the request is consistent with the expression of the corresponding technical solutions. Rule 17.

    1 (4) (5) the instructions shall be indicated in the drawings, and the brief description of the contents of the diagram.

    Photo is more than a painting, drawings shall be for all surface description. Rule 17.

    1 (5)

    (6) specific embodiments in the description section should at least give a preferred way of achieving the utility, the description and drawings shall be controlled. Rule 17.

    3 (7) the specification should be standard terminology, clear statements, in technical terms accurately convey the utility of technical solutions, and not use "claim ... ...

    Referred to ... ... "kind of quotations, and shall not contain any commercial advertising diction or belittle others or others words.

    (8) manual text part can have chemical formulas, math or tables, but without illustrations, including flowcharts, diagrams, graphs, phase diagram, they can only be used as description of the drawings.

    Rule 40 (9) the manual text part says description description lacks drawings, it shall notify the applicant to cancel the manual text description, or to pay within the time limit specified by the corresponding drawings. Applicant to submit drawings, submitted to the Patent Office to the date of filing of the drawings or sent back, the inspector shall issue a new notice of filing date.

    Cancel the corresponding description of the applicant, retain the original filing date. Rule 121.

    2

    (10) the instructions shall be in Arabic numerals are written pages. 7.

    3 manual drawings Drawings are an integral part of instruction. Photo's role is to use graphics to add manual description of the story, and enable people to visually, image to understand the utility of each technical features and the overall technical solutions.

    Therefore, the specification should clearly reflect the contents of the utility of the drawings. According to the implementation rules of the patent law article 17th fifth and 18th section of manual review of the drawings.

    Specifications drawings review include the following:

    (1) shall not use engineering blueprints, photographs of the drawings. Rule 121.

    1

    (2) the drawings shall be used, including computer graphics tools and in black ink, the lines should be even clearer, and no coloring and altered; drawings and graph is not unrelated to the box around the line. Rule 18.

    1

    (3) the drawings shall be numbered in Arabic numerals, represented by Figure 1, Figure 2, etc, and just below the drawings shall be marked in the appropriate. Rule 121.

    3 (4) on the drawings shall be as vertical as possible in the drawing, clearly separated from one another. When part horizontal dimensions significantly greater than the vertical dimensions must be horizontal layout, the photos should be placed at the top left of the drawing.

    On one drawing more than two photos, and one has horizontal layout, the other photos on the page should also be horizontal.

    (5) the scale and the distinctness of the drawings, shall be such that when the figure reduced to two-thirds can still be clearly distinguished in the plot details, in order to be able to meet the requirements of copying, scanning shall prevail. Rule 18.

    2 (6) when a patent application drawings, used to represent the same implementation of the drawings, the same composite part (the same technical characteristics or the same object) reference signs should be consistent. Specifications and drawings using the same drawings shall represent the same component.

    Specification reference signs not mentioned in the text of the may not appear in the drawings, does not appear in the drawings or of the drawings in the manual referred to in the text.

    (7) the drawings, apart from the required words, shall not contain any other explanatory notes; Chinese words should be used, if necessary, in the square brackets indicate the original.

    (8) the logic structure diagram, block diagram, the process flow diagram should be given the necessary text in the box and sign.

    (9) the same drawings should be applied in the same scale, clearly shows one of the component can be increased when a picture of local amplification. Rule 17.

    5

    (10) the manual drawings should be protected by the product's shape, structure or combination of drawings, not only represent existing technologies of drawings or drawings not only products, performance, curves, such as temperature changes. Rule 121.

    2

    (11) the instruction drawings shall be in Arabic numerals are written pages. 7.

    4 claims In the preliminary review, whether the claims are obviously not in line with the patent law article 26th fourth and 19th to 22nd of the rules of the implementing regulations of the patent law review. Relates to 26th in the patent law of the fourth paragraph of article review with reference to chapter II of part II of this guide for the 3rd.

    The provisions of section 2.

    Review of claims include the following: 26.

    4

    (1) claims should be based on the instructions clearly and concisely state requires the scope of patent protection. Rule 19.

    1 Rule 20. 2 and 21.

    1

    (2) the claims shall record the utility of technical characteristics.

    (3) independent right requirements should from overall Shang reflect practical new of technology programme; except must with other way expression of yiwai, independent right requirements should including Qian sequence part and features part, Qian sequence part should stated requirements protection of practical new technology programme of theme name and practical new theme and most close of existing technology total of necessary technology features, features part using "its features is......" or similar of terms, stated practical new difference Yu most close of existing technology of technology features. Rule 20. 3 and 22.

    1

    (4) a dependent claim shall include the technical features, further qualify the reference claims for, its writing portion and a characterizing portion should include references, references section indicating the claim number and topic names consistent with the independent claims, limited part of State utility additional technical features. Rule 21.

    3

    (5) a utility model shall have only one independent claim, and should be written in the same utility before the dependent claim. 26.

    4 Rule 19.

    1

    (6) the claims made in the record is not specified but in content should be added to the instructions in the manual.

    (7) shall not be included in the claim do not produce effects feature. 26.

    4

    (8) claims shall not contain graphical expressions technical characteristics. 26.

    4

    (9) right requirements in the should as avoid using function or effect features to qualified practical new, features part shall not simple description practical new function, only in a a technology features cannot with structure features to qualified, or technology features with structure features qualified than with function or effect features to qualified more appropriate, and the function or effect in manual in the has full description Shi, using function or effect features to qualified practical new only may is allows of. 26.

    4 Rule 19.

    1

    (10) the claims shall not be used in expressions technical concept or meaning is uncertain.

    (11) the claim has nothing to do with the technical content of the programme shall be used in phrases, such as "request protection of the patent right to production and sales", and shall not contain any commercial advertising diction or belittle others or others words.

    In addition, the claim form shall comply with the following requirements:

    (1) each claim is only allowed to claim at the end of the period; a claim could use a paragraph statement can branch in a paragraph or in small pieces, branches and small pieces are available only at a semicolon or a comma, if necessary, in branch or small pieces of the ordinal of the sort before.

    (2) the claims shall not be titled. Rule 19.

    2

    (3) several claim claim, shall be numbered with Arabic numerals. Rule 19.

    3 (4) claims can be chemical or mathematical formula, but without illustrations, usually without Forms. Apart from the essential, shall not use "instructions ... ... Described in section "or" figure ... ...

    As shown in "language. Rule 19.

    4 (5) the claim specification drawings, technical characteristics can be referenced in appropriate tags to help understand the claims recorded in the technical proposal.

    However, the tag should be enclosed in parentheses and placed behind the corresponding technical feature, reference signs used in the claims shall be consistent with the specification drawings. Rule 22.

    2 (6) a dependent claim can only refer to the preceding claim or claims.

    Refers to two or more claims more of the dependent claims in the alternative only refer to the claim before, and not, as is referenced by another multiple dependent claim based, that is, after the multiple dependent claims shall not refer to the preceding multiple dependent claims. Rule 121.

    2 (7) claims shall be in Arabic numerals are written pages. 7.

    5 abstract According to the 23rd of the rules of the implementing regulations of the patent law and to review the abstract.

    Abstract review include the following: Rule 23.

    1

    (1) the summary shall clearly state the name of the utility and belongs to the technical field, clearly reflects the technical problem to be solved, solve the problems of the technical points and the main purpose of the programme, inter alia, States that reflect the new relative to background technology in shape and structure to improve the technical characteristics, may not be written as advertisements or purely functional products.

    (2) summary of no utility model name as the title. Rule 23.

    2

    (3) abstract can be chemical or mathematical formula.

    (4) partial text of the abstract (including punctuation marks) must not exceed 300 words.

    (5) the abstract of the specification should be abstract drawings, the applicant shall submit the instruction drawings selected from the drawings as abstract drawings that reflects the technical solution.

    Rule 121 7. 6 application document publishing format review of the conditions of application of chapter I of this part of the 4th.

    The provisions of section 6. 8.

    According to the 33rd of the patent law review

    According to the 33rd of the rules of the patent law, the applicant can modify the utility model patent application files, however, modifications to the application documents shall not exceed the original specifications and scope of claims records.

    If the applicant the application file is modified, joined the respective technical field technicians from the initial description and claims directly, without doubt the identified content, such changes are considered beyond the initial description and claims, the scope of.

    Delete one or several features from the application of the applicant, may also lead to beyond the original scope of the description and claims records.

    Recorded instructions added to the original claim and the manual does not describe the technical characteristics, and for expanding the content of the description, be deemed to be modified beyond the scope of the initial description and claims records.

    Instructions added to the original specifications and claims there is no record of technical features and using the specification represents the content of the drawings cannot be identified is without doubt, be deemed to be modified beyond the scope of the initial description and claims records. It should be noted are:
    (1) the correction of obvious errors, could not be considered beyond the scope of the initial description and claims records.

    Alleged manifest error, is not the right content from the original specifications, the claims in the context of a clearly figured out, no other explanation or modification possible.

    (2) clearly visible in the photos and the only explanation of the structure, allowing added to instruction and write to the claims in the book. According to the 51st of the rules of the implementing regulations of the patent law, the applicant may, within two months from the date of filing of a utility model patent application documents offered to modify.

    In addition, the applicant received after the Patent Office's notice of review or notice of correction should modify the defects pointed out in the notice. Rule 51.

    2 8.

    1 the applicant the initiative to revise the For the applicant's initiative to revise, the examiner should first check the amendment date is within two months from the date of filing. For more than two months to modify, if you modify a file to eliminate the defects in the initial application, and has been authorized by the prospect, the modified file is acceptable.

    To modify files that are not accepted, the inspector shall issue a notice of proposed shall be deemed not to. Initiative to revise the question for two months, the inspector should review any amendments go beyond the description and claims the scope. Modifications outside the scope of the initial description and claims records, an inspector shall issue a notice of review, inform the applicant that the modifications do not meet the provisions of patent law article 33rd.

    After the applicant has made the comments or corrections still does not meet the requirements, the Inspector can patent the 33rd and 44th of the rules of the implementing regulations of the patent law decision. 8.

    2 according to the notice of the defects pointed out in the modified Rule 51.

    3 For the applicant to reply to the notice, the changes made, the inspector should review whether the modifications exceed the original specifications and claims the scope and whether the defects pointed out in the notice to modify. Submitted by the applicant contains not modify file modify the defects pointed out in the notice if their modification in line with provisions of patent law article 33rd, and eliminating defects in the initial application and authorized by the prospect, then the changes can be deemed to be notice that modifications of the defect, this modification of the application documents shall be accepted. For not meet patent law implementation rules 51st article third paragraph provides of modified text, review member can issued notification book, notification applicants the modified text not accept, and description reason, requirements applicants in specified term within submitted meet patent law implementation rules 51st article third paragraph provides of modified text, while should pointed out that, if applicants again submitted of modified text still not meet patent law implementation rules 51st article third paragraph of provides, review Member will for modified Qian of text continues to review,

    For example to authorize or reject the decision. If you modify the file submitted by the applicant exceeds the initial description and claims, the scope, the inspector shall issue a notice of review, inform the applicant that the modifications do not meet the provisions of patent law article 33rd.

    After the applicant has made the comments or corrections still does not meet the requirements, the Inspector can patent the 33rd and 44th of the rules of the implementing regulations of the patent law decision. Rule 51.

    4 8.

    3 inspectors in accordance with terms of reference to modify Inspector grant utility model patent notice, the application file in the text and symbols that were clearly wrong according to the modified terms of reference.

    Ex officio, modified as follows:

    (1) application: changes in address or contact address of the applicant left, wrong or repeated to fill the provincial (autonomous regions and municipalities), city, zip code and other information.

    (2) instructions: modify the utility of obviously inappropriate names and/or technical field; correcting typos, incorrect symbols, marks and other amendment obviously not standard terminology; added missing various parts of the specification title, delete unnecessary text in drawings. (3) claims: corrected typos, errors of punctuation marks, incorrect drawings, drawings added brackets.

    However, modifications may cause changes in the scope of protection, it does not belong to the scope of change ex officio.

    (4) Summary: modifying the inappropriate content and obvious errors in the summary, all abstract drawings.

    Inspector to modify the contents of the ex officio, shall be recorded in the document and notifies the applicant. 9.

    According to the 31st article of the patent law review According to the patent law article 31st and 34th of the rules of the implementing regulations of the patent law on utility model patent application the apparent lack of a single defect review.

    In the utility's preliminary review, determining the specific technical characteristics according to background technology described in the application documents.

    Review about single reference 2nd section of the sixth chapter the provisions of part II of this guide. 10.

    According to the implementation rules of the patent law review of the 43rd According to the implementation rules of the patent law article 42nd and 43rd of the regulations to review the utility a divisional application. Review of application of chapter I of this part of the divisional application 5th.

    The provisions of section 1, taking into account the provisions of the second part of the 3rd section of the sixth chapter of this guide. 11.

    According to the 22nd article of the patent law review In the preliminary review, the Inspector General does not search to determine whether the utility is not novel.

    Inspectors can not retrieve the relevant prior art or subject to application information to determine whether the utility is not novel.

    However, applications for utility model relates to abnormal, for example obviously copied an existing technology or content clear repeated substantially the same patent application submitted, the inspector should be obtained in accordance with search compared files or other sources of information to determine whether the utility is not novel.

    About new review in the light of the provisions of chapter III of part II of this guide. 12.

    According to the 22nd of the patent law of the fourth paragraph of article review

    Usability refers to the product must be applied for in the industry manufacturing and application, and the products can have a positive and beneficial effect.

    About usability review in the light of the provisions of the second part of the fifth chapter of this guide. 13.

    According to Nineth of the patent law review Nineth of the patent law prescribed in the first paragraph, the same inventions can only be granted a patent.

    Patent law the Nineth of article, two or more applicants of patent applications for the same invention, patents are granted first to the person applying. In the preliminary review, utility model patent application in accordance with the patent law of the Nineth article are patented, are generally not reviewed by retrieving.

    But inspectors have already been informed of the applicant for the same invention filed a patent, should be reviewed.

    Processing of the same invention, reference 6th the provisions of chapter III of part II of this guide. 14.

    According to the 20th article of the patent law review

    Under the provisions of the 20th article of the patent law, the applicant will be done in China utility model patent application to the foreign, shall be submitted to the Patent Office conduct a confidential review.

    Under the provisions of the eighth article of the implementing regulations of the patent law, utility in China, refers to the technical programme completed in China by the substantive content of the utility. In the preliminary review, the Inspector has reason to believe that the applicant violates the above provisions apply to the foreign patent, for its domestic patent applications in respect of the same utility, shall issue a notice of review.

    Applicants not indicating that it does not belong to for the reasons stated above, the Inspector can not comply with the patent law of 20th on the grounds of article under patent law article 20th fourth and 44th of the rules of the implementing regulations of the patent law decision. 15.

    Examination of the international application entered the national phase

    This section is only for entry into the national phase requirements international application for patent for utility model protection (hereinafter referred to as the international application) a description of the specific issues and provisions, and applications for the same problem, other provisions of this chapter shall apply. 15.

    1 confirmation of review is based on the text 15. 1.

    1 the applicant's request

    At the time of entry into the national phase, applicant in the international application entered the national phase a written statement (hereinafter referred to as access statement) confirms its hope that the Patent Office is based on the text.

    Review national phase of the international application shall be in accordance with the request of the applicant, entered pursuant to its statement identified in the text, and subsequently submitted in compliance with the relevant provisions of the text. 15. 1.

    2 review is based on the text

    The text as a basis for review may include:

    (1) for the Chinese to international publication of the international application, submit the original of the international application international application made for the use of foreign languages, the original translation of the international application submitted.

    (2) for the international publication of the international application in Chinese, according to the modifications of the Patent Cooperation Treaty article 19th claims; regarding the use of foreign-language publication of the international application, submitted in accordance with the Patent Cooperation Treaty article 19th Chinese translation of the amended claims.

    (3) for the international publication of the international application in Chinese, according to the modifications of the Patent Cooperation Treaty article 34th claims, description and drawings; regarding the use of foreign-language publication of the international application, according to the modifications of the Patent Cooperation Treaty article 34th claims, description and drawings of the Chinese translation.

    (4) according to the implementation rules of the patent law the 44th supplement and/or 104th section text.

    (5) according to the implementation rules of the patent law article 112th modify the text of the first paragraph.

    According to provisions of the Patent Cooperation Treaty article 28th and 41st, the applicant submitted the revised claims, specification and drawings of period shall conform to the rules for the implementation of the patent law provisions of article 112th. Basis to review as a basis for reviewing the text specified in the statement shall prevail. Review underlying declaration include: when entering the national phase in the statement column specified, and after entering the national phase within the time stipulated in the form of a supplementary declaration specified in supplement to the review based.

    Which supplement and amendment of the former. If the applicant enters the application specified in the statement file contains quotes on a project or parts, and the procedure for entering the national phase has reoriented relative to China's international filing date, is quoted on a project or part of the application documents submitted should be the original part.

    The review process, do not allow applicants filing date by modifying the relative to China's reservations, citing a project or part of it.

    For the international stage modified files, entry into the national phase is not specified as a basis for review, or Chinese translation is not submitted as required, and not as a basis for review. 15. 1.

    3 of the original international application documents submitted by the force of law

    For international applications published in foreign languages, review its Chinese version, no need to check the original text; international application, however the original file have the force of law, as a basis for application file modification.

    For international applications, 33rd of the patent law said the initial description and claims refer to submit the original of the international application description, claims and drawings. 15.

    2-request for review 15. 2.

    1 review of the application documents

    For a review of the form or contents of application documents, apart from the following, and apply the provisions of patent law and its implementing rules and the guidelines for patent examination. (1) in the case of utility model without unnecessary words, the examiner shall not be inconsistent with this chapter I of part I of the guidelines the 4th. 1.

    Name 1 section on the grounds of Word Count requirement requires the applicant to modify or modify ex officio.

    (2) in the case of no more words, the examiner shall not be inconsistent with the 23rd article of the implementing regulations of the patent law on the grounds of abstract word count requirement requires the applicant modified or modified ex officio.

    (3) an inspector shall not inconsistent with article 17th of the implementing regulations of the patent law and second wrote on instructions, order, and the provisions of subtitle for reasons to require the applicant to modify or modify ex officio. 15. 2.

    2 single review

    In the process of reviewing, if inspectors find as a basis for reviewing the application file for protection of the lack of a single utility, you need to verify the following:

    (1) the lack of a single utility is included in the international phase without the international search or international preliminary examination of the invention.

    (2) lack of uniformity a number of utility models whether to include the applicant in the international phase had give up inventions (such as the applicants choose to restrict certain claims in the international phase and not invention).

    (3) for the above (1) or (2), international units make an invention lacks a single conclusion is correct. Inspector finds that the international unit's conclusion is correct, then you should pay a fee for single recovery notices issued, notify the applicant to pay a fee for single recovery within two months. If the applicant within the prescribed time is not paid or not paid a single recovery fees and lack of a single utility has not been deleted, the inspector shall issue a notice of review comments, inform the applicant in the international application of the above without the part of the international search will be deemed withdrawn, and requested the applicant to submit content modifications to delete this text.

    Reviewers will be deleted this portion of the text continues to review. For applicants deleted for failure to pay a fee for single recovery utility, according to the implementation rules of the patent law the 115th article, 42nd, the provisions of the first paragraph, the applicant may not apply for the divisional application.

    In addition to this case, the international application contains two or more utility, the applicant may, in accordance with the 115th article of the implementing regulations of the patent law provisions of the divisional application.

    In the search and examination in the international phase, IU is not a single problem, and single flaw actually applies, reference to the provisions of this chapter the 9th section for processing. 15. 2.

    3 If the earlier application is made in China International application requirements for entry into the national phase in China raised the priority of the earlier application, or the requirement is has entered the national phase in China, the priority of the earlier international application, you might create a duplicate authorization.

    Which may result in repeated authorization of treatment, apply the provisions of this section 13th.

    Is in need of attention, if claims the right of priority shall be deemed not is the case, the earlier application may be novelty destroying the international application of existing technologies or subject to application. 15. 2.

    4 correcting translation errors According to the 113th of the rules of the implementing regulations of the patent law, made announcements in the Patent Office patent prior to preparation, found instructions submitted by the applicant, the claims of Chinese translation errors of the text or drawings may submit a correction request.

    Applicant to correct translation errors, it shall submit a request in writing and pay the prescribed translation correction fee.

    Preliminary review of design patent applications chapter 1.

    Introduction Article III and 40th of the regulations under the patent law, the Patent Office receives and reviews a design patent applications, following a preliminary examination found no cause for rejection, granted design patent decision, issue the relevant patent certificate, and register and announce it.

    Therefore, the preliminary review of design patent applications be accepted a design patent application, but before the grant of the patent right is a necessary procedure. Rule 44.

    1

    Appearance design patent application for a preliminary review of the scope are:

    (1) the formal examination of the application documents, including whether the patent application with patent law the 27th article of the application documents, as well as the files that comply with the rules for the implementation of the patent law II, third paragraph, 16th, 27th, 28th, 29th, 35th and 51st in the third paragraph, 52nd, 119th, 121th provision. (2) application file of obviously substantive defects review, including patent application whether obviously belongs to patent law fifth article first paragraph, and 25th article first paragraph subsection (six) items provides of case, or not meet patent law 18th article, and 19th article first paragraph of provides, or obviously not meet patent law second article fourth paragraph, and 23rd article first paragraph, and 27th article second paragraph, and 31st article second paragraph, and 33rd article, and patent law implementation rules 43rd article first paragraph of provides,

    Or in accordance with the patent law of the Nineth article cannot be patented.

    (3) other file of form review, including and patent application about of other procedures and file whether meet patent law 24th article, and 29th article first paragraph, and 30th article, and patent law implementation rules sixth article, and 15th article third paragraph and fourth paragraph, and 30th article, and 31st article, and 32nd article first paragraph, and 33rd article, and 36th article, and 42nd article, and 43rd article second paragraph and third paragraph, and 45th article, and 86th article, and 100th article of provides.

    (4) the costs related to the review, including patent applications in accordance with the implementing rules of the patent law the 93rd, 95th, 99th, pay the associated costs. 2.

    Review of principles

    In the preliminary examination procedure, the examiner shall follow the principles the following review.

    (1) the principle of confidentiality

    Examiners in the patent application of the approval procedures, in accordance with the confidentiality provisions, has not yet announced patent application documents and other content in connection with patent applications, and other information have a duty of confidentiality are not suitable.

    (2) a written review Inspectors should be based on the written documentation submitted by the applicant for the review, reviews (including correction notice) and the results of the review should be notified in writing to the applicant.

    Preliminary review of programs, were set to meet in principle.

    (3) the principles of hearing Inspector before making the decision, should be dismissed on the basis of facts, reason and evidence, notify the applicant at least gave the applicant an opportunity for representations and/or modify application files.

    Examiners when making a decision, dismissed the facts, reasons and on the basis of the evidence, should have informed the applicant, does not contain new facts, grounds and/or evidence.

    (4) the principles of In eligible cases, the examiner should review efficiency as possible, shorten the review process. An application for correction can overcome deficiencies, the examiner should conduct a comprehensive review and, if possible, all the defects pointed out in a correction notice. Are possible through the application of correction to overcome the substantive gaps, the Inspector can not review the application documents and other files in the form of defect, in a review of a notice can only point out that substantive flaws.

    Can be modified by ex officio for all defects to overcome application, the examiner may not issue a notice of correction.

    In addition to following these principles, the inspector shall be deemed not to propose, deemed to be withdrawn, dismissed the disciplinary decisions at the same time, the follow-up program shall inform the applicant may start. 3.

    Review procedures

    Law 40 3.

    1 grant of the patent right to inform Design patent application for a preliminary examination found no cause for rejection of, the Inspector granted design patent notification should be made.

    Granted patent design patent application not in need of correction in line with the initial request for review of patent applications, as well as the correction in line with the initial request for review of patent applications. 3.

    2 application supplement

    In the preliminary review for applications for document correction can overcome the deficiencies of the patent application, the examiner should conduct a comprehensive review and issued a notice of correction.

    By making rectifications of the applicant, application files are still flawed, the inspector should issue a notice of correction once again.

    Notice of correction among recipient information, bibliographic, and should include the following elements:

    (1) correction notice is submitted by the applicant when the file;

    (2) expressly and specifically pointed out that defects in the application documents, and points out that it does not meet the relevant provisions of the patent law and its implementing rules;

    (3) clear and specific about the bias and possible recommendations of the Inspector to enable the applicant to understand the examiner's intention;

    (4) specify the applicant's reply to a notice of correction of the term. 3.

    3 significant substantive defects treatment

    In the preliminary review, applications are possible through the correct way to overcome the obvious substantive defects in patent applications, the inspector shall issue a notice of review.

    Review of notice outside of recipient information, bibliographic, and should include the following elements:

    (1) review notice is submitted by the applicant when the file;

    (2) expressly and specifically pointed out that defects in the application documents, and points out that it does not meet the relevant provisions of the patent law and its implementing rules, the application documents of significant substantive defects, if necessary in conjunction with the relevant evidence for analysis;

    (3) the review will be based on the relevant provisions of the patent law and its implementing rules prepared to reject the patent application of bias;

    (4) the designated deadline applicant notice of response to review comments. 3.

    Notice of 4 replies After the applicant received a notice of correction or notice of review shall be the correction within the time limit specified in, or making a statement. To supplement the patent application the applicant shall submit the correction and modify the file replaces the page appropriately. Applications for file replacement sheet shall be in duplicate, other file only needs to submit a report. Modifications to the application document, it should be pointed out that the notice of defects.

    Modify the submitted content may not go beyond the date of filing of drawings or photographs that the scope of the. The applicant did not reply to the expiry, the inspector should be made where deemed withdrawal notice or other notice. Applicants for just cause is difficult to reply within the specified time limit, can be an extension of the time limit requested.

    About requesting extension handle, apply the provisions of part v 4th section of the seventh chapter of this guide. Due to force majeure or other justified reason, the time period while the patent application will be considered withdrawn, the applicant may apply to the Patent Office within the prescribed time limit requests for restoration of rights.

    Processing relating to requests for restoration of rights, apply the provisions of part v 6th section of the seventh chapter of this guide. 3.

    5 applications rejected Rule 44.

    2

    Application documents significant substantive defects, after the inspector issued a notice of review, after the applicant or modification does not eliminate, or application file form defects, an inspector for the notice of defect has been issued two corrections, after the applicant or supplement does not eliminate, the Inspector may decide to dismiss.

    Decision body shall include case, the grounds for dismissal and the decision of three sections.

    Case section should briefly describe the review process was to reject the application, the previous review comments and the replies of the applicant brief, an led was rejected by defect by decision and dismissed the application.

    Rejected description part should be dismissed on the grounds of facts, reasons and evidence, and to comply with the following requirements: (1) the correct choice of law provisions.

    When it can be based on various provisions of the patent law and its implementing rules reject the patent application, you should select the most suitable, dismissed by the dominant terms as the main legal basis while other flaws noted in patent applications.

    (2) with the compelling facts, reason and evidence as a basis for dismissed, and of the facts, reasons and evidence, should have informed the applicants, and we have to at least once heard and/or modify an application opportunities.

    Inspector in part of the cause for rejection or argument of the applicant should be briefly reviewed.

    Decided that the section should make it clear that the patent application does not comply with the corresponding provisions of the patent law and its implementing rules, and according to the implementation rules of the patent law rejected the patent application as provided in article 44th. 3.

    6 front panel review after review and processing Because they do not meet the provisions of patent law and its implementing rules, the patent application was rejected, rejected the applicant disagrees with the decision, you can within the time provided in the review request to the patent reexamination Board.

    Front review of requests for review and post review with reference to provisions of the 8th section of the second part of the eighth chapter of this guide. 4.

    Review of the application documents

    According to the provisions of the patent law of 27th, application for a design patent, shall submit a written request, the design drawings or photographs as well as the the file such as a brief description of the design; the applicant has submitted the drawings or photographs should be clearly displayed that requests the patent protected product design. 4.

    1 request

    Rule 16 4. 1.

    1 name of the product incorporating the design Name of the product incorporating the design drawings or photographs means that the design of the product category has a description of the application. Name of the product incorporating the design and design drawings or photographs that conforms to the design, accurate and concise manner that requires protection of product design. Product names should generally be in line with international classification of designs small classes listed in the table name.

    Product name must not exceed 20 characters.

    Product name generally should be avoided in the following situations:

    (1) contain names, place names, names, names, trademarks, code name, model number or product name named in the historical era;

    (2) improper summary, too abstract names, such as "stationery", "cooking", "instruments", "building things";

    (3) describe the technical effect, the internal structure of names, such as "fuel-saving engine", "increased human insoles", "car equipped with a new engine" and so on;

    (4) attached to the product name of the specification, size, size, number of units, for example, "21-inch TV sets", "medium bookcase," "gloves" and so on;

    (5) foreign language or have no specific meaning in Chinese language named name, such as "Klein bottle", but already well-known and determine the meaning of words you can use, such as "DVD player" and "LED lights", "USB hub". 4. 1.

    2 design Application of chapter I of this part of the 4th. 1.

    Provisions of section 2 relating to the inventor. 4. 1.

    3 the applicant Application of chapter I of this part of the 4th. 1.

    The provisions of section 3. 4. 1.

    4 contact Application of chapter I of this part of the 4th. 1.

    The provisions of section 4. 4. 1.

    5 person Application of chapter I of this part of the 4th. 1.

    The provisions of section 5. 4. 1.

    6 patent agent, patent attorney Application of chapter I of this part of the 4th. 1.

    The provisions of section 6. 4. 1.

    7 Add Application of chapter I of this part of the 4th. 1.

    The provisions of section 7. 4.

    2 design drawings or photographs 59th of the patent law prescribed in the second paragraph, design to indicate the scope of patent protection in the drawings or photographs of the design of the product is subject, a brief description can be used to interpret the drawings or photographs of the product design.

    The 27th article of the patent law provides that the applicant has submitted the drawings or photographs should be clearly displayed that requests the patent protected product design.

    Design of stereo products, product design involving six sides, shall submit a six-sided projection; product design elements involving one or only a few, shall submit at least involves the projection and stereo image, and should clearly state the reasons for the omission of the view in the brief description.

    Flat product appearance design, product design involves a surface, you can only submit the projection; product design involving two sides, should be submitted to the two sides being a projection view.

    If necessary, the applicant shall also submit the product incorporating the design plans, sectional views, sections, zoom, and change state diagram.

    In addition, the applicant can submit reference chart to reference charts are typically used to show that incorporating the design uses of products, using methods or use the sites. Colors include black and white gray and color series.

    Declare a request to protect color for a brief description of design patent applications, pictures of color should be solid, not easily fade. 4. 2.

    1 the view name and marking Six-sided projection view name, refers to the front view, rear view, left view, right view, top and bottom view. View corresponding to the surface should be used generally towards consumers or best reflects the overall design of the surface of the product.

    For example, a cup of Cup's view should be in the side view.

    The view name should be just below the annotation in the corresponding view. For Kit products, where each product should be numbered sequentially with Arabic numerals mark before the name of the view, and prefix the number with "Suite".

    For example, for the complete product of the 4th suite in the front view, the view name is: Suite 4 view. For similar designs of the same product, shall be numbered in each design before the name of the view with numerals marked, and prefix the number with "design". For example, design 1 view.
    Component products, is constituted by the combination of multiple components of a product.

    Classified Assembly, Assembly only or Assembly relations is not the only component of the product. The components for assembling the only product shall submit the product view of the composite state; for no Assembly or Assembly relations is not the only component of product shall be submitted to the members of the view and view each component name numbered sequentially with Arabic numerals marking, and prefix the number with "component". For example, for 3rd-left view of the components in the component product, the view name is: 3 left view of the components.

    Product design for a variety of changes state, should be displayed after the name of the view state, numbered sequentially with Arabic numerals marking. Rule 121.

    1 4. 2.

    2 pictures to draw Pictures should reference the technical drawing and mechanical drawing national standards related to orthographic projection provides rendering, line width, and cut marks, and should be solid lines of even thickness expression shape of the design. Not shadows, direct line, dotted line, center line, dimension lines, dashed lines expression shape of the design. Can use two parallel double dot dash or omit part of natural fracture lines long. Surface can be represented by line sectioning location and orientation, zoom position, transparent parts, but there shall be unnecessary lines or marks.

    Pictures should be clearly expressing designs. Pictures can be drawn using the drawing tools, including computer, but not drawn with a pencil, crayon, ballpoint pen, and do not use blueprints, sketches, mimeo.

    For designs that use computer drawing pictures, surface resolution clear requirements should be met. 4. 2.

    3 photo shoot

    (1) the photos should be clear, avoid focusing causes product designs cannot be clearly displayed. (2) the background should be a single, other than avoiding the product incorporating the design.

    Poor product and background should have appropriate brightness in order to clearly show the appearance of the product design.

    (3) photo shoots usually orthographic rules should be followed to prevent deformation due to perspective affect the expression of the design.

    (4) the photos should be avoided due to glare, reflection, shadow effects, reflections and other product design representation.

    (5) photo products usually contain contents or foil should be avoided, but must rely on the contents or foil to clearly show the appearance of the product design, is allowed to keep the contents or foil. 27.

    2 4. 2.

    4 pictures or photographs of defects Drawings or photographs of defects in the contents of patent applications, the inspector shall issue to the applicant a notice of correction or notice of review. According to the 33rd of the patent law provides that changes to the patent application document applicants shall not exceed the original pictures or photographs of the area.

    The defective mainly refer to the following:

    (1) view projection error, such as projection does not comply with orthographic rules, between the view does not correspond to the projection or viewing direction reversed.

    (2) design drawings or photographs are not clear, shown in the drawings or photographs of the products drawing too small; or clear graphics, but because of light, reflections, shadows, reflections, interior decoration or foil and affect the appearance and design of the correct expression.

    (3) design products draws a line in the picture contains should be deleted or modified lines, for example view the shadow line, line, dotted line, center line, dimension lines, dashes, and so on.

    (4) stereo view of product available in the following situations:

    (I) the view scale is inconsistent;

    (Ii) product design involving six faces, while six are lack of projection, but except in the following cases:

    Back view front view rear view can be omitted when the same, or symmetric;

    Left and right view left view can be omitted when the same, or symmetric (or right view);

    Top view bottom view and cross-sectional views may be omitted when the same, or symmetric (or look up);

    Large or fixed equipment and unusual items can be omitted at the end of bottom view.

    (5) plane view products available in the following situations:

    (I) the view scale is inconsistent;

    (Ii) product design involving two sides, and both sides are lack of projection, but the rear view with the front view of the same, or symmetric and view there is no pattern of exceptions.

    (6) thin items such as rulers, profiles and so on, drawing the intermediate section of the length is omitted, and does not use the parallel two-lane dashes or descriptive of the natural fracture line.

    (7) sections or profiles section and sectioning Department says the following:

    (I) lack of hatch or crosshatch incomplete;

    (Ii) cutting slitting location to the location of lines, symbols, and incomplete or lack of the above (but not give the cut marks from the Center).

    (8) partial zoom, zooms in on view was not marked out area.

    (9) Assembly a unique component product combination State view is missing; no Assembly or Assembly relations is not the only component of the product lacked the necessary views for a single component.

    (10) transparent product designs, the outer and inner layer when there are two or more shapes, patterns and colours, not separately represented. 4.

    3 a brief description

    59th of the patent law prescribed in the second paragraph, design to indicate the scope of patent protection in the drawings or photographs of the design of the product is subject, a brief description can be used to interpret the drawings or photographs of the product design.

    According to the provisions of article 28th of the implementing regulations of the patent law, a brief description shall include the following information: (1) the name of the product incorporating the design.

    Brief description of product name should be consistent with the product name in the request. (2) use of the product incorporating the design. Brief description shall be indicated in help determine the category of uses.

    For multiple-use product, described in the summary statement shall clearly state the variety of uses of the product. (3) the design elements of a design. Issue is with existing design distinguishes the shape, pattern and combination of products, or the combination of colors and shapes, patterns or parts.

    Description of the design should be clear and concise. (4) specify a picture to show the drawings or photographs of the design points.

    Specified picture or photographs used for published patent Gazette.

    In addition, the brief description should be provided for in the following cases:

    (1) where requested to protect the color or the omission of the view.

    If a design patent application for protection of color, it should be declared in a brief description.

    Design patent application if the view is omitted, applicants must normally shall clearly state the specific reasons for the omission of the view, for example, omitted due to symmetry or the same; if you can't State, can only indicate a view is omitted, such as missing bottom view of large equipment, can be written as "omitted bottom view".

    (2) on a number of the same product is similar to a design patent application designs shall be specified in the brief description of one of the basic design.

    (3) fabric, wallpaper, graphic products, when necessary, describing in graphic products unit pattern of two consecutive or four consecutive limit-free boundary conditions.

    (4) for thin items and, if necessary, should clearly state the length of elongated articles omitted drawing.

    (5) if product design made of transparent material or new materials with special visual effects and, if necessary, should be briefly stated in the description.

    (6) if the product incorporating the design belongs to the kit product and, if necessary, shall clearly state the product name corresponding to each suite.

    Brief explanation shall not contain any commercial advertising diction, also cannot be used to explain the product's properties and internal structure. 5.

    Review of other documents and related procedures 5.

    1 patent Agency Application of chapter I of this part of the 6th.

    The provisions of section 1. 5.

    2 priority

    Patent law of the applicant to claim priority shall comply with article 29th, 30th, 31st, 32nd, the first of the implementing regulations of the patent law, as well as the relevant provisions of the Paris Convention.

    According to patent law 29th article first paragraph of provides, appearance design patent application of priority requirements only limited to foreign priority, that applicants since appearance design in foreign first times proposed patent application of day up six months within, and in China on same of theme proposed appearance design patent application of, in accordance with the foreign with China signed of agreement or common participate in of international treaty, or in accordance with mutual admitted priority of principles, can enjoys priority.

    According to the provisions of the fourth paragraph of the 31st article of the implementing regulations of the patent law, appearance design patent application the applicant foreign priority, the earlier application design does not include a brief description of the applicants in accordance with the implementing rules of the patent law article 28th of a brief description within the earlier application documents submitted pictures or photographs of the scope, does not affect its priority.

    Under the provisions of paragraph 32nd of the implementing regulations of the patent law, in a design patent application, the applicant may claim one or more of the priority.

    In the preliminary review, review of multiple priorities, should review each of these priorities are in line with the relevant provisions of this chapter. 5. 2.

    1 and where the priority of the earlier application of the later Application of chapter I of this part of the 6th. 2. 1.

    The provisions of section 1. 5. 2.

    2 requires declarations Application of chapter I of this part of the 6th. 2. 1.

    The provisions of section 2. 5. 2.

    3 copies of the earlier application documents Application of chapter I of this part of the 6th. 2. 1.

    The provisions of section 3. 5. 2.

    4 applications the applicant Application of chapter I of this part of the 6th. 2. 1.

    The provisions of section 4. 5. 2.

    5 the withdrawal of priority claims Application of chapter I of this part of the 6th. 2.

    The provisions of section 3. 5. 2.

    6 priority claim Application of chapter I of this part of the 6th. 2.

    The provisions of section 4. 5. 2.

    7 restoration of priority claim Application of chapter I of this part of the 6th. 2.

    The provisions of section 5. 5.

    3 does not lose its novelty where public Application of chapter I of this part of the 6th.

    The provisions of section 3. 5.

    4 withdraw the patent application statement Application of chapter I of this part of the 6th.

    The provisions of section 6. 5.

    5 bibliographic changes Application of chapter I of this part of the 6th.

    The provisions of section 7. 6.

    According to the patent law the fifth and 25th in the first paragraph of the first paragraph of article (vi) review 6.

    1 pursuant to the fifth article of the patent law review

    According to the provisions of the fifth paragraph of the patent law, for violations of the law or social morality or that is detrimental to public interest innovation, no patent shall be granted.

    Inspectors shall, in accordance with the relevant provisions of chapter I of part II of the guidelines the 3rd section, patent-pending designs are in clear violation of law, whether a breach public morality, and whether it is detrimental to public interest, three aspects are reviewed. 6. 1.

    1 violations of the law

    In violation of the law, refers to a design patent application content violates the national people's Congress, or laws enacted and promulgated by the Standing Committee of the national people's Congress in accordance with the legislative procedure.

    For example, the designs of RMB pattern sheets, due to violations of the rules of the Act and cannot be patented. 6. 1.

    2 violation of public morality Social ethics, refers to the widespread public belief that is justified, and accepted morality and codes of conduct. Its content based on cultural background, as time goes on and the progress of society continues to change and vary according to region. Social ethics of China's patent law that is limited to the territory of China.

    For example, homicide or violent smut pictures or photographs of a design patent cannot be granted. 6. 1.

    3 is detrimental to public interest

    Prejudice to the public interest, and refers to the design of implementation or use can cause hazard to public or community, or leave the State and affected the normal social order.

    Patent applications in the design of text or patterns involving the State's major political events, economic events, cultural events, or religious belief, which is detrimental to public interest or hurt people's feelings or feelings, or promoting feudal superstitions, or adverse political impact, the patent cannot be granted a patent.

    Famous buildings (such as the Tiananmen Square) and leader portrait, appearance design patent cannot be granted for the content.

    China's national flag, the national emblem as a pattern design and cannot be patented. 6.

    25th the first paragraph of article 2 according to patent law (vi) review The 25th article of the patent law section (vi) provision for graphic print pattern, color or a combination of the two main identifying design, no patent shall be granted.

    According to the first paragraph of article 44th of the implementing regulations of the patent law (c) provisions of the designs in the preliminary examination of patent applications, patent application is clearly the design should be the 25th article of the patent law section (vi) review of the situation.

    If a design patent application meets the following three conditions is considered the applications belonging to the 25th of the patent law a first paragraph (vi) no patent shall be granted under the circumstances:

    (1) use the products belong to the plane of a design printed matter;

    (2) the design is for design, color, or a combination of both;

    (3) the main identifying designs. Design on the basis of the above provisions when patent applications are examined, the examiner first according to the drawings or photographs as well as a brief description of the application, review the product incorporating the design is of a graphic print. Second, the design is under review for pattern, color or a combination of both. Because they do not take into account the shape factor, so any two-dimensional product designs may be considered for pattern, color or a combination of both. Again, the designs under review for products used mainly for identifying. Main identity is the main purpose of the design is to enable the public to identify the products involved, service source.

    Wallpaper, textiles, objects that do not belong to this article. 7.

    According to article II, the fourth, of the patent law review

    Under the provisions of article II, the fourth, of the patent law, patent law alleged design, refers to the product's shape, design or a combination thereof, as well as color and shape, pattern, made by the combination of aesthetic feeling and new design suitable for industrial applications. 7.

    1 designs must be based on products for carriers Design is the design of products, the carrier should be products.

    Cannot be duplicated in the production of handicrafts and agricultural products, livestock, nature cannot be a carrier of the design. 7.

    2 product shapes, patterns, or a combination thereof, and combination of color and shape, pattern

    Form design is the product of a design element or combination of elements, including shape, pattern, or a combination thereof as well as the shape, pattern, and color combination. Product color not independent composition design, unless the product itself has become a pattern of color change.

    Can constitute a combination of a design: the shape of the product; pattern; the shape and pattern of the product; the shape and colour of the product; the pattern and colors of the product; the shape, pattern, and color of the product.

    Shape refers to the product modeling design means products outside of the point, line and surface combinations of moves, changes, and render the outer contour, namely product structure, shape and design, manufacturing results. Pattern refers to any lines, words, symbols, blocks of color arrangement or a combination of the surface composition of graphics. Patterns can be done by drawing or other design ideas that can reflect the designer's means of production.

    Product design should be fixed, visible, and should not be sporadic or under specific conditions can be seen.

    Color refers to the color used on a product or a combination of colors, materials used in manufacturing the product color is not a color of a design.

    Design elements, that is, shapes, patterns, colors are interdependent and sometimes its boundaries are difficult to define, such as many pieces of matching patterns. 7.

    3 suitable for new design aesthetically for industrial applications

    Suitable for industrial applications, mean that designs can be applied to industry and mass production.

    Aesthetic refers to when judging whether the protection object of patent right for design, is concerned about the appearance of the product to human visual perception, rather than product features or technical effect. Patent law article is patent protection can be obtained in the fourth paragraph of a general definition of a design, rather than to judge a design is the same or substantially the same as the specific review criteria.

    So, in review, for designs requiring protection meets the General requirements of the new design, the Inspector of usually only according to the application documentation and general consumer common sense judgment. 7.

    4 grants design patents

    According to the patent law the provisions of the fourth paragraph of article II, the following is not granted design patent situation: (1) depending on the particular geographical location, cannot repeat fixed structures, such as bridges.

    For example, the mountain villa, including the specific landscape.

    (2) because it contains a gas, liquid and powder form and result in no fixed shape, such as the shape, pattern, color is not a fixed product.

    (3) the product cannot be divided or not sold separately and should not be used on local designs, such as socks, hat, glasses, etc. (4) by the number of different shapes or patterns of specific components of products, if the component itself cannot be sold separately, and should not be used, then the Member does not belong to the object of design patent protection.

    For example, a group made up of the docking blocks of different shapes Jigsaw, only to be plugged in all the blocks together as a design application, belong to the object of design patent protection. (5) will not work on Visual or eye is difficult to determine, require specific tools in order to distinguish the shape, pattern, and color.

    For instance, the pattern can be seen under UV light irradiation products.

    (6) for the protection of designs is not a conventional form of the product itself, such as handkerchiefs into animal form designs.

    (7) the natural shape, pattern, and color as the main design, usually refers to two cases, one is nature itself; a natural simulation design.

    (8) are purely works of fine art, calligraphy and photography category.

    (9) only belongs in its products in the field of common geometric shapes and patterns designs.

    (10) the pronunciation of words and numbers, meaning protection content does not belong to. (11) the product power display patterns.

    For example, electronic table dial display patterns, patterns, software interface that is displayed on the phone screen. 8.

    Article 23rd according to patent law review

    In preliminary design patent application reviews, usually are not retrieved, the examiner only needs to apply the contents of the file and the common sense of the average consumer to determine required protection of appearance design patent application is obviously not in conformity with provisions of patent law article 23rd.

    However, the Inspector can not retrieve the relevant existing designs or contradict the information to determine the appearance of the application design is obviously not in conformity with provisions of patent law article 23rd.

    Designs involving irregular application of, for example, obviously copying existing designs or to clear substantially the same patent application, Inspector shall, according to retrieve access to documents or other sources of information to determine the appearance of design is obviously not in conformity with provisions of patent law article 23rd.

    The same or substantially the same review in the light of relevant provisions of part of the fifth chapter of this guide. 9.

    According to the 31st article of the patent law review The 31st article of the patent law provides that a design patent application shall be limited to one design.

    Two or more similar designs of the same product, or belong to the same class and complete the sale or if you use two or more designs may be filed as one application (the application). 9.

    1 two or more items of the same product in similar designs

    According to the 31st article of the patent law provides that two or more similar designs of the same product may be filed as one application. Rule 35.

    1

    Similar to a design patent application designs shall not be more than 10.

    More than 10 items, the inspector must issue a notice of review, the applicant revised failure to overcome the shortcomings, rejected the patent application. 9. 1.

    1 the same product According to the 31st article of the patent law provides that an application shall be the same for all designs in product design, for example, are table design.

    If the designs separately for meals, dishes, cups, bowls designs, although all products belong to the same class of the international design classification table, but does not belong to the same product. 9. 1.

    2 similar designs

    Under the provisions of article 35th of the implementing regulations of the patent law and other designs of the same product should be specified in the brief description of the basic designs are similar.

    When judging similar designs, other designs with basic design alone should be compared. Rule 44.

    1 (3) Upon initial review, involving applications for similar designs, 31st should review whether it is obviously not in conformity with patent law the provisions of the second paragraph of article.

    Under normal circumstances, the overall observation, if other design and basic designs with the same or similar design characteristics, and the distinction between them is that the local nuances, the product's usual design, elements of design unit is repeated or just color changes, it is usually considered to be two similar designs. 31.

    2 9.

    2 complete sets of product design

    Article 35th of the implementing regulations of the patent law provides for the same category and complete the sale or use of products and two or more designs with the same design concept, may be filed as one application.

    Sets products is refers to by two pieces above (containing two pieces) belongs to same big class, and their independent of products composition, the products of design idea same, which each a pieces products has independent of value, and the pieces products combination in with and can reflected out its combination using value of products, for example by coffee cup, and coffee pot, and milk pot and sugar tank composition of coffee apparatus. 9. 2.

    1 the same category

    According to the 31st article of the patent law as well as provisions of article 35th of the implementing regulations of the patent law, two or more (including two) design may be filed as one application is one of the conditions of the two more designs for products belonging to the same category, that is, two more designs for products belonging to the same class of the international design classification table.

    It is important to note, products belonging to the same category are not sufficient conditions for application, it should also meet the 31st article of the patent law related packages sold or used and is of the same design requirements. 9. 2.

    2 sets for sale or use

    35th of the implementing regulations of the patent law referred to in the second paragraph of article sold or used in sets, used also for sale, or both, and have a combined value.

    (1) sell While selling refers to design products are customarily sold, such as mattress covers, sheets and pillowcases and other components of the kits bedding.

    Free for promotional tie-in sale products, such as bags and pencil cases, although at the time of sale bag free pencil case, but that should not be considered to be used at the same time the sale, cannot submit an application as a complete product.

    (2) use Use refers to the product used to use, that is, using one product, generated using associations, so as to realize the existence of one or a few products, and not at the same time while using these products.

    For example coffee, coffee cup, coffee pot, sugar bowl, milk jug, etc. 9. 2.

    3 the product design of the same

    The same designing concept, refers to the product design is a unified, that is, for each product shape, pattern, or a combination thereof, as well as color and shape, pattern, the design is made by combining unified.

    Unity refers to the constituent products are characterized by the same specific shape, or the relationship between a product with a specific combination of styling form, namely unity considers to be in shape. Unity of design refers to the pattern design on products subject matter, composition, form, and so should be unified.

    If there are different on the one hand, that pattern is not uniform, for example coffee pot designed by orchid designs for design themes, and coffee cups on the designs for the pandas, due to the different patterns the selected design theme, that pattern is not uniform, not in conformity with the principles of unity, and hence cannot be used as Kit product application. Unity of color cannot be considered alone should be in accordance with the product's shape, pattern, considering.

    Dang the products of shape, and pattern meet unified coordination of principles Shi, in briefly description in the no stated requests protection color of situation Xia, design idea same; in briefly description in the stated requests protection color of situation Xia, if products of color style consistent is design idea same; if the products of color transform larger, damage has overall of harmony, is cannot as sets products collection case application. 9. 2.

    4 sets of products should not contain similar designs Complete sets of product appearance design patent applications should not be included in one or a few products of similar design.

    For example, one containing food Cup and saucer set of product appearance design patent applications, should not include the Cup and disc two or more similar designs.

    Application does not meet the above requirements, the examiner shall issue a notice of review requires the applicant to modify. 9.

    3-in case of application designs shall respectively have the authorized conditions Need note of is, regardless of is involved same products of two items above of similar appearance design, also is sets products of appearance design patent application, which of each items appearance design or each pieces products of appearance design except should meet above collection case application of related provides outside, also should respectively has other authorized conditions; if which of a items appearance design or a products of appearance design not has authorized conditions, is should delete the items appearance design or the pieces products of appearance design,

    Otherwise the patent application cannot be granted a patent. 9.

    4 review of the divisional application 9. 4.

    1 divisional application verification Application of chapter I of this part of the 5th. 1.

    The provisions of section 1. 9. 4.

    2 the other divisional application requirements

    (1) two or more industrial designs included in the original application, a divisional application shall be in the original application or several designs, and may not go beyond the scope of the original application.

    (2) the application for the overall design of the product, do not allow part of it to be filed as a divisional application, such as a patent application for protection of designs is a motorcycle, motorcycle parts and cannot be filed as a divisional application. Divisional application does not meet the above paragraph (1) provides, the inspector shall issue a notice of review and notifies the applicant modified; did not reply to the expiry, shall issue a notice of deemed withdrawal of candidates without sufficient reason and insisted not to make any change, decision to the divisional application.

    Divisional application does not meet the above paragraph (2) provided, the inspector shall issue a notice of review; did not reply to the expiry, shall issue a notice of deemed withdrawal of the applicant insists, without sufficient reason, filed as a divisional application, the decision to the divisional application. 9. 4.

    3 divisional application deadlines and fees Application of chapter I of this part of the 5th. 1.

    The provisions of section 2. 10.

    According to the 33rd of the patent law review Rule 51. 2.

    3 According to the 33rd of the patent law provides that applicants for its exterior design patent application amendments shall not go beyond the pictures or photographs of the area.

    Changes beyond the scope of the original pictures or photographs, refers to a modified appearance design and appearance of the original application documents expressed in the corresponding design and is not the same design.

    Judged on appearance design patent application modifications beyond the original pictures or photographs of the range, if you modify the contents of the original has been expressed in drawings or photographs, or can be determined directly, no doubt, thinks the changes referred to in accordance with the patent law provisions of 33rd. The applicant may, within two months from the filing date of a design patent application documents offered to modify.

    In addition, the applicant received after the Patent Office's notice of review or notice of correction should be according to the notice of the defects pointed out in the modified patent application documents. Rule 51. 2
    10.

    1 the applicant the initiative to revise the For the applicant's initiative to revise, the examiner should first check the amendment date is within two months from the date of filing. For more than two months to modify, if you modify a file to eliminate the defects in the initial application, and has been authorized by the prospect, the modified file is acceptable.

    Does not accept the modified file, the inspector shall issue a notice of proposed shall be deemed not to. Initiative to revise the question for two months, the inspector should review any amendments go beyond the pictures or photographs of the area. Changes beyond the scope of the original pictures or photographs, the inspector shall issue a notice of review comments, inform the applicant that the modifications do not meet the provisions of patent law article 33rd.

    After the applicant has made the comments or corrections still does not meet the requirements, the Inspector can patent the 33rd and 44th of the implementing regulations of the patent law decision as provided in article. Rule 51.

    3 10.

    2 according to the notice of the defects pointed out in the modified Modifications according to the notice of the defects pointed out in the, the inspector should review whether the changes go beyond the pictures or photographs of range and whether it is according to the notice of the defects pointed out in the changes. Submitted by the applicant contains not modify file modify the defects pointed out in the notice if their modification in line with provisions of patent law article 33rd, and eliminating defects in the initial application and authorized by the prospect, then the changes can be deemed to be notice that modifications of the defect, this modification of the application documents shall be accepted.

    Modify the file submitted by the applicant exceeds the original scope or photographs, the inspector shall issue a notice of review comments, inform the applicant that the modifications do not meet the provisions of patent law article 33rd, after the applicant has made the comments or corrections still does not meet the requirements, the Inspector can patent the 33rd and 44th of the implementing regulations of the patent law decision as provided in article. Rule 51.

    4 10.

    3 inspectors in accordance with terms of reference to modify In the preliminary review, the Inspector may 4th in this chapter. Section 1, 4th. 4th and 2. As defined in section 3 of the application documents significant errors in modified ex officio, and notify the applicant accordingly.

    To modify ex officio mainly refers to the contents of the following aspects:

    (1) clear error of product name;

    (2) clear view name error;

    (3) clear view orientation error;

    (4) design products in the picture to draw lines containing lines should be deleted, for example the shadow line, line, centerline, dimension lines, dashes, etc;

    (5) Summary statement obviously does not belong to a brief written description can be included in the content of, for example, on the effects of internal structure, technical product descriptions, product promotional terms such as;

    (6) brief description of the applicant specified that the design drawings or photographs is not appropriate;

    (7) in the request, the applicant's address or contact address missing, wrong or repeated to fill the provincial (autonomous regions and municipalities), city, zip code and other information.

    Inspector to modify the contents of the ex officio, shall be recorded in the document and notifies the applicant. 11.

    According to Nineth of the patent law review Nineth of the patent law prescribed in the first paragraph, the same inventions can only be granted a patent.

    Patent law the Nineth of article, two or more applicants of patent applications for the same invention, patents are granted first to the person applying. In the preliminary review, for a design patent application under the patent law of the Nineth section is able to patent, generally does not review retrieved.

    Inspector knew the applicant, patent applications were made in respect of the same design should be reviewed. 11.

    1 judgment principles In judging whether patent law the Nineth when described the identical invention-creation, shall be as shown in the two-part appearance design patent application or patent design drawings or photographs of the products as shall prevail. The same design refers to the same or substantially the same in respect of both.

    Design principle of the same or substantially the same, for fifth chapter of the relevant provisions of part IV of these guidelines. 11.

    2 way Reference to the 6th chapter III of part II of this guide.

    The provisions of section 2. 12.

    Design classification

    Patent Office using the international classification of designs (the Locarno classification) on design patent applications are classified, with latest international design classification of Chinese translations for text.

    Design of classification are:

    (1) determine the category attribute of the product incorporating the design;

    (2) classified management on design patents;

    (3) for design patent retrieval queries;

    (4) in accordance with the classification order of design patent text and announcements. Design classification is carried out for the product to which the design and classification by "LOC", "(version)", "Cl. "," Category-class "combination (the classification described below refers to" category-class "), for example, LOC (9) Cl. 06-04. Multiple classification, the classification number are separated by semicolons, such as: LOC (9) Cl.

    06-04;23-02. 12.

    1 classification basis

    Classification of designs to design product names, pictures or recorded in photographs and a brief description of the product as the basis. 12.

    2 classification of methods Design classification generally follow the principles of purpose, regardless of the materials to build the product.

    Uses of products are available from the applicant to provide the appearance of design of product names, pictures or photographs, as well as the intended use of the product, use the field know, usage and other information. The product category, should be small class according to the first category in the order.

    A design product categories should contain its product categories and under the category of small categories, if contains the product use are not listed under the category of small categories, divided into 99 categories under this category, and other miscellaneous categories. For parts of the product, have the exclusive category, the parts should be in its own category, such as car tires, should be made into the 12-15 class not exclusive categories and usually does not apply to other products, should be the type of parts to its superior product, such as a lighter flint wheel, should be made into the 27-05 class.

    Determines whether the product components with exclusive category, is not limited to correspond to the specific line items one by one in the classification tables, such as the detector housing, should be made into the 10-07 class. Due to development of derivative products for new purposes, the General category still should maintain its traditional uses.

    For example, lanterns, has evolved gradually from the previous simple lighting for decorative items, should be divided into 26 categories of lighting equipment. 12.

    3 determination of the classification of 12. 3.

    1 the classification of single-use products

    (1) design patent applications containing only a product design, and uses a single, should be given a class number.

    (2) design patent application contains much of the same product design, and uses a single, should be given a class number. (3) design patent application contains multiple products in design, and use of the same, single, should be given a class number.

    For example, a design patent application includes pillowcases, bed sheets and bed covers three products, are all the bedding, classification number for the 06-13 class. 12. 3.

    2 classification of multi purpose products (1) design patent applications containing only a product's design, which is for two or combination of two or more different uses of the product, should be given with the purpose of multiple classification, but except furniture combination. For example, a frame with a thermometer, measure temperature and placing photos for two purposes, classification number 06-07 and 10-04.

    As another example, joined tables and chairs, belong to the furnishings, classification number 06-05.

    (2) design patent application contains much of the same product design, which is for two or combination of two or more different uses of the product, should be given with the purpose of multiple classification. (3) design patent application contains multiple products in design, and each product has a different purpose, should be given with the purpose of multiple classification.

    For example, a design patent application includes the bowl and spoon, two products, classification number 07-01 and 07-03. 12. 3.

    3 classification of correction

    According to the provisions of article 28th of the implementing regulations of the patent law, a brief description shall be indicated in the product incorporating the design.

    Design classification process in the following circumstances, it shall issue a notice of correction:

    (1) the product names, drawings or photographs of a design cannot determine the product's use, and a brief description is not indicated in the application or written applications is not clear;

    (2) product names, drawings or photographs of a design determined by the product usage recorded in a brief description of the product use the apparent inconsistency. The applicant shall reply within two months after receipt of the notice of correction, replacement sheet submitted a brief description of a design.

    Expired did not respond, the application shall be considered withdrawn.

    The fourth chapter of patent classification 1.

    Introduction

    Patent Office using the international classification of patent for invention patent applications and utility model patent applications are classified, with the latest edition of the international patent classification (IPC, including its user guide) Chinese-language versions of the text, when there is a doubt with the same version of the English or the French version shall prevail.

    The classification is:

    (1) create an environment conducive to retrieve patent documents;

    (2) the application for patent for invention and utility model patent application review is assigned to the appropriate sectors;

    (3) in accordance with the classification, arranging for a patent for invention and utility model patent application, published or announced to the public system. This chapter refers only to applications for patents for invention and utility model patent application categories.

    Classification of designs applying the provisions of chapter III of this part of the 12th Festival. 2.

    Classification of content

    For each invention patent applications or utility patent applications technical topics for classification should be given complete, representative of inventions or utility models, classification of invention information and classify the additional information as far as possible; most adequately represents the invention information classification numbers in the first place.

    Invention information is the full text of patent applications (for example, claims, description, drawings) represents the contribution to the prior art, technical information technical information on contribution to the prior art refers to all the novel explicitly disclosed in the patent application and non-obvious technical information. Additional information itself does not represent a contribution to the prior art, but that may be useful information, including technical information represented by the code. Additional information is added to invention information.

    For example: compound or mixture of ingredients or methods, structural elements, or parts, or uses or applications of classified technical topics feature. 3.

    Technical topics 3.

    1 technical topics categories Invention and technology topics can be method, product, equipment, or materials, including the use or application of these technical topics.

    Should be understood in the broadest meaning of these technical topics range. (1) methods.

    For example: aggregate, fermentation, separation, shaping, conveying, treatment of textiles, energy transfer and conversion, construction, food preparation, testing, equipment operation and its operation, information processing and transmission methods. (2) products.

    For example: chemical compounds, compositions, fabrics, manufacturing of goods. (3) equipment.

    For example: a chemical or physical process equipment and tools and various equipment and machines and various devices that perform actions. (4) material.

    For example: the composition of the various components of the mixture. Materials, including materials, intermediate products and compositions used in the manufacture of the product.

    Examples of materials is as follows:

    "Example 1" Concrete.

    Material is composed of cement, sand, and water.

    "Example 2" Used in the manufacture of plywood furniture.

    By essentially uniform thickness, more or less continuous contact and multiple layers of material together. It should be noted are: a device, because it is a way to manufacture, can be regarded as a product. The term "device" is associated with an intended use or purpose, for example: for gas equipment, apparatus for cutting.

    However, the term "product" only used to represent the results of a method, regardless of how the features of the product, for example: the end product of a chemical or manufacturing methods.

    Materials themselves may constitute products. 3.

    2 determination of the technical topics According to the full text of patent applications (for example, claims, description, drawings) identifying technical topics.

    Technical topics at the same time according to the claims, but according to the description, drawings to determine the requested patent-protected technology topics. 3. 2.

    1 technical topics according to the claims of some While technical topics according to the claims, should fully understand the claims recorded in the technical content.

    For example, independent claims to determine the technical themes, should be recorded in the preamble technical characteristics and features part of the record of technical features combined.

    In addition, it should be combined with the contents of the description, drawings to understand or clarify the claim as recorded in the book, structure of its patent protected technology programmes of technical characteristics.

    (1) the General preamble in the independent claim record technical characteristics and features parts technical characteristics as records is the preamble portion of qualifying.

    "Example 1"

    Building boards for wall or roof, characterized the Board made from a sheet, the sheet is rectangular and consists of four parts, the parts of the surface shape of a hyperbolic paraboloid ... ...

    Technical topics: characterized by the shape sheet for wall or roof of a building.

    "Example 2"

    A pour point of crude oils with improved composition, its features include waxy crude oil and effective amount of pour point depression additives the additives are ethylene and acrylonitrile copolymers and ternary copolymer composition.

    Technical topics: containing ethylene and acrylonitrile copolymers and copolymer composition of additive compositions for characteristic of crude oil.

    "Example 3"

    Cotton fabric with a shock absorber, which is stuck on a plate with viscoelastic material, combining into one.

    Technical topics: plate on Visco-visco-elastic materials and combines features of both cotton fabrics with shock absorbers.

    "4"

    A loudspeaker, crimp one end of a tube-shaped shell of Piezoelectric ceramic plate, other loudspeakers, piezoelectric ceramics on the two metal contacts, which is externally mounted one vibration of the shell casing, the vibration of shell and shell touches the upper edge of the speaker, there is a gap between the two shell to form the double shell.

    Technical topics: characterized by a double shell using Piezoelectric ceramic speakers.

    "5"

    A reactive compounds, characterized by synthesis using an enzyme ... ...

    Technical topics: use of enzymatic synthesis of a reactive dye.

    (2) when the independent claims described in the preamble in the classification table of the object when there is no exact taxonomic position, dominated by characteristic parts recorded technical features, technical characteristics will be recorded in the preamble as a characteristic part of the qualification.

    "Example 1"

    A switch, includes a shell, a shell covered in the control unit, cable channels and open and close contact, is characterized with the opening of the shell opening under a cover made of transparent material light guide plate and a glow indicates the switch position light bulb.

    Technical topics: indicates the switch position of the switch of the device.

    "Example 2"

    A clock, including case and movement, its characteristics are made of ceramic materials for the shell, shell shape ... ...

    Technical topics: a clock made of ceramic shell, ... ... 3. 2.

    2 according to the claims of technical topics cannot be determined

    When claims cannot determine the technical themes, should be recorded in accordance with its instructions that the invention or utility model to solve technical problems and technical solutions, technical effect or to determine. 3. 2.

    3 does not require patent protection according to the description, drawings of technical topics if description, drawings records in contribution to the prior art, even if the content is not being asked to patent protection should also determine the technical topics. 4.

    Classification methods

    For a patent application, you should first determine which are the subjects of invention information and additional information, then corresponds to the classification of invention information and additional information. 4.

    1 overall classification

    Should as far as possible the topic of technology category as a whole, rather than each of its components is classified. But if technology is a part of the theme itself represents a contribution to the prior art, then the components constitute invention information should be classified.

    For example: when classifying a larger system as a whole, its parts or components to be novel and non-obvious, it should be taken on the system and how these components or parts category.

    "Example 1"

    Intermediate elastic seals, cross beams, joists, support spring, cross beam sealed box, consisting of rotating arm controlled type bridge expansion joints, characterized by each transverse beam ... ...

    According to the overall classification of bridge expansion joints, divided into E01D19/06.

    If the cross joists is novel and non-obvious, and horizontal joists should be divided into E04C3/02.

    "Example 2"

    Solid waste treatment systems, input devices and sorting, crushing, metal recycling, plastics and fertilizer manufacturing equipment.

    According to the classification of solid waste disposal system, divided into B09B3/00.

    If the equipment is novel and non-obvious, crushing equipment should also be divided into B02C21/00. 4.

    2 functional classification or classification of 4. 2.

    1 functional classification

    If theme is the nature or function of something and not be limited by a specific application area, you will be subject to classification by function of the technology.

    If technical topics related to a particular application, but not specifically disclosed or fully identified, if functional classification in the classification are classified by function, if broadly refers to the number of applications, are also classified according to function.

    "Example 1"

    Characterized valve in structure or function, does not depend on the specific fluid that flows through its structure or function (such as oil) or any device including the valve, categorized by function, into F16K.

    "Example 2"

    Characteristics of organic compounds of the chemical structure of technical topics, categorized by function, into C07.

    "Example 3"

    Around the active axis of the disc cutter cutting machine, categorized by function, into the B26D1/157. 4. 2.

    Application 2 classification

    If technical topics is one of the following situations, then the technical subjects classified according to application.

    (1) technical topics involving "applies specifically to" a particular use or purpose.

    For example:

    Embedded mechanical valves in human heart in particular, by application category, divided into A61F2/24.

    (2) technical topics related to special-purpose applications or something.

    "For example"

    Cigarette, by application category, divided into A24D3/00.

    (3) technical topics related to add something to a much larger system.

    "For example"

    Install wheel leaf spring suspension, by application category, divided into B60G11/02. 4. 2.

    3 are classified by functional classification and application

    Technical topics related to nature or function of something, involving the special purpose or application, or in a larger system of specialized applications, both classified by functional classification and application. If you cannot apply the above 4. 2. 1 and 4. 2.

    2 pointed out, both classified by functional classification and application.

    "Example 1"

    Coating compositions, both with regard to elements of composition and the specialized applications, both classified by function, into the C09D101/00 to the appropriate classification of the C09D201/00 position, classified by application, divided into C09D5/00.

    "Example 2"

    Layout of automobile suspension leaf spring, if the spring itself is novel and non-obvious, it should be classified by function, into the F16F1/18; if this spring in automobile suspension arrangement is also a novelty and non-obvious, should also be classified by application, divided into B60G11/02. 4. 2.

    4 special cases

    (1) technical topics should be classified by function, if the function does not exist in the classification category location, then press the appropriate application classification.

    "For example"

    Cable coating stripper. Classification does not exist in the functional classification of coating stripper, stripping, as its mainly used for cable jacketing,.

    Classification by application, divided into H02G1/12.

    (2) technical topics broken down by application, application classification classification does not exist in the location, then press the appropriate function.

    "For example"

    Refrigerator overload, overvoltage and delay start protection device. Classification of refrigerator is not present in a dedicated emergency protective circuit device for position, by the judge for an emergency protection device.

    Classification by function, into H02H categories.

    (3) when the technical topics should be classified by function and classification by application, if the function does not exist in the classification, classification by application only if classification does not exist in the application, only the classification by function.

    "For example"

    Applies to animal carriage lighting generator, the generator is equipped with adjustable speed gear box, and can be easily and wheels fit.

    Classification does not exist in the classification of animal carts generators for lighting applications, categorized by function, into the H02K7/116. 4.

    More than 3 multi-classification

    The main purpose is to retrieve, according to technical subject matter, can be given in more than one category. When patent applications covering different types of technical topics, and these themes constitute invention information, multiple classification should be based on the technical topics.

    For example: technical topics related to product and method for manufacturing products, products and methods of classification in the classification table locations are present, to classify products and methods.

    When technology topics related to the functional classification and application of classification when both are classified by functional classification and application.

    Additional information that is useful to retrieve, as far as possible the use of multiple classification or classification code combinations. 4. 3.

    1 classification of various technical topics

    Technology subject to classification represents a special type of multiple classification, refers to the multiple aspects of a technical topics for categorization feature, for example: by virtue of its inherent structure and special application or feature to feature technical topics, if classified for this type of technology based on a theme, can lead to retrieve information incomplete.

    Note in the category table to specify the "multidimensional classification" category.

    For example:

    G11B7/24 • according to the selected material or by the structure or by forms of record carriers

    G11B7/241 • • characterized by the choice of material

G11B7/252 life is different from the recording layer by layer

    Note

    In the Group G11B7/252, using various classifications, so if the technology theme contains the characteristics of more than one group, the technical subject matter should be classified in each of these groups.

    Bottom G11B7/253 · · · ·

    G11B7/254 • • • • protective coatings

    When the technical topics involved in the recording layer of the bottom and protective coating, to classify the bottom and protective coating, respectively, divided into G11B7/253 and G11B7/254. 4. 3.

    Classification of 22 Secondary classification scheme used to classify classified in other technical topics for mandatory supplementary classification of the position.

    Secondary classification scheme, for example: A01P, and A61P and C12S, and A61Q.

    Secondary classification classification classification cannot be used as the first position in the table. 4. 3.

    3 mixed system with code

    Hybrid system consists of a classification scheme of classification, and used in conjunction with the code.

    Codes can only be used in conjunction with class number, and classification of the same format, but generally use a unique numbering system. By notes which can be used in the classification code classification of positions.

    Accordingly, the note in front of each table, class name, or guide title identifies these codes and what are the classification number used in combination. 4.

    4 the special classification of technical subjects (1) the technical subjects can have different categories.

    If not a category in the classification the classification of technical subjects, using the most appropriate classification of other types of technical topics, as described in the 8th section of this chapter.

    (2) if not found in the classification table to full classification includes some technical topics, are the technical topics divided into categories, as indicated in 99/00 of the special residual group.

    "For example"

    Part a,

    A99Z99/00 for the purposes of other categories not covered by the technical topics;

    F F02M small class

    F02M99/00 is not included in the other group in this small class of technical topics. 5.

    Brief introduction of classification rules for the location of In some parts of the classification list see, note specified the use of priority rules (first place rule, final rule) and special rules.

    Pay special attention to these rules of use.

    Note applies only to the relevant location and subdivision location and when in conflict with General provisions, notes takes precedence over the General rules. 6.

    Classification procedure

    According to the Department, large classes, small classes, large group, small group classification order step by step until you find the minimum level of the appropriate groups. 7.

    Classification of different level of patent applications published 7.

    1 does not retrieve the classification of patent applications

    All possible is a novel and non-obvious claims of technical topics, all make claims of technical topics may be novel and non-obvious part, and all may be novel in the description, drawings and any requirements for non-obvious technical topics as the invention of the patent protection of classified information.

    If you retrieve useful as possible to the requested patent protection and does not require any additional classified information or patent protection. 7.

    2 for the search and examination of patent applications after classification

    For all new and non-obvious claims of technical topics, all make claims of technical topics of new and non-obvious parts, as well as the description, drawings in the new and non-obvious does not require technical topics as the invention of the patent protection of classified information.

    If you retrieve useful as possible to the requested patent protection and does not require any additional classified information or patent protection. 8.

    Specific technology topic classification 8.

    1 compounds When the technical topics related to chemical compounds per se, such as organic, inorganic or macromolecular compound, the compound should be in part c. When technical topics related to compounds of a particular application, if the application constitutes a contribution to existing technologies, should also be classified in the classification of the position.

    However, when the compound is known, and technical topics involved only when application of the compound, only classification in the classification of the position. 8.

    2 chemical mixtures or compositions When technical topics when it comes to a chemical mixture or composition per se should be classified according to its chemical composition to the appropriate position. For example: classification into C03C glass, will be classified in C04B cements, ceramics, polymer compositions classified C08L, classification to C22C alloys. If there is no such position in the classification are classified according to its use or application. If the purpose or application also constitutes a contribution to the prior art, then classified according to its chemical composition and its application in use or both.

    However, when the chemical mixture or composition is known, only when it comes to its use or application and technical topics, only on the position classification in the use or application of the classification. 8. 3 preparation or treatment of compounds
    When technical topics to compound a preparation or processing methods, classify them in preparation or treatment of the compound's location. If there is no such position in the classification, classification in the classification of compound location. When the compounds obtained from this method of preparation is also a novelty in time but also to classify the compound.

    When technical topics covering a variety of preparation or treatment of compounds General methods, classification of the methods used to classify them in position. 8.

    4 device or method When technical topics relating to a device, its classification in the classification of the device location. If there is no such position in the classification, it is classified in the classification method is invoked by the device location. When technical topics related to product manufacturing or processing methods, classification of the methods used to classify them in position. If there is no such position in the classification, the classification methods in the implementation of the classification of positions.

    If there is no implementation of the method in the classification the taxonomic position of the device, on the classification in the classification of the product. 8.

    5 manufacture of goods When technology topic relates to goods, be classified in the classification of the articles location. If classification does not exist in the classification of the goods themselves, according to the function performed by the item, functional classification to classify them in the appropriate position.

    If there is no appropriate functional classification are classified according to their areas of application. 8.

    More than 6 multi-step methods, complete sets of equipment When the topic involves a multiple step method or equipment, and the method or equipment from more than one processing step or a combination of the machine when the body, it should be classified as a whole, namely classification classification used in this combination of location, such as: small classes B09B. If there is no such position in the classification, it is classified by the method or equipment on the taxonomic position of the prepared products.

    When technical topics involving this combination of a unit, such as the method of a single step or the sets of equipment in a single machine, then the unit should be classified. 8.

    70, structural components

    When the technical topics related to products or equipment the structure or function of the part or parts shall be classified according to the following rules: Apply only or specifically applicable to a product or the part or parts of the device, to classify them in the product classification of the parts or components or equipment locations.

    If the classification does not exist in the classification of parts or components, it is classified in the category of products or equipment locations. Can be applied to a wide variety of products or the part or parts of the device, and to classify them in more general classification of parts or components of the position.

    If classification does not exist in the more general category, it is classified in the clear application of the part or on the part of all the categories of products or equipment location. 8.

    8 chemical formula Chemical formula is used to represent one or more compounds, of which at least one group is variable, for example: "Ma Kushi"-type compounds. When in the context of general formula, there are a large number of compounds can be categorized independently in its corresponding position when only compounds those most useful to retrieve categories.

    If these compounds are using a chemical formula description, follow the following classification program:

    Step 1: Novel and non-obvious for all "fully identified" compounds are classified.

    Are considered "fully identified" compounds are:

    (I) determine the chemical name or structure, or from its preparation for use in the only reaction products derived from specified reactants;

    (Ii) the compounds are characterized by their physical properties such as melting point, or for a specific description of the preparation process of embodiment.

    Only compounds are represented by experience cannot be considered "fully identified" compounds.

    Step 2: If there is no disclosure of "fully identified" compounds, formula includes all the possible implementation of the most determined group, including most of the programme may be implemented, or the most determined group.

    Limit shall classify the chemical formula to a group or groups as little as possible.

    Step 3:

    In addition to classified according to above steps 1, 2, when other compounds of the chemical within the scope of the general formula are important when can also be classified. When all the "fully identified" compounds into their most determined classification would result in a large number (for example: more than 20) classification number, classification number can reduce the number of personnel. But only in the following cases can reduce the number of classification number: If "fully established" classification of compounds below will result in a higher level of a single set of derived a lot of groups, these compounds can be classified in the group to a higher level.

    Otherwise, the classification of these compounds to a group all the more clearly. 8.

    9 combinatorial libraries Technical topics for "library" form composed of many chemical compounds, biological entities or other substances when a collection of, the library is sorted into categories as a whole within a suitable group C40B and the "library" in the "fully identified" individual members of the classification to the most specific category locations.

    For example: nucleotide compounds as a whole is sorted into subcategories within a suitable group C40B, while "completely certain" appropriate taxonomic position of the nucleotide to the c part.

    Part II examination as to substance

    Directory

    The first chapter does not grant patent applications 1.

    Introduction to 119 (2-1) 2.

    The object which does not comply with the patent law provides in article 3.

    According to the fifth of the patent law does not grant patents of invention 3.

    1 according to the fifth paragraph of patent law does not grant patents of invention 3. 1.

    1 violations of the law of inventions 3. 1.

    2 violation of social inventions 3. 1.

    3 prejudice to the public interest of inventions 3. 1.

    4 some applications for breach of patent law the fifth article 3.

    2 according to the fifth article of the patent law does not grant patents of invention 4.

    According to the 25th of the patent law is not the object of patent right shall be granted 4.

    1 scientific discovery 4.

    2 rules and methods of intellectual activities 4.

    3 the diagnosis and treatment of diseases 4. 3.

    1 diagnostic methods 4. 3. 1.

    1 belongs to the diagnosis method of invention 4. 3. 1.

    2 do not belong to the diagnosis method of invention 4. 3.

    2 treatments 4. 3. 2.

    1 belongs to the invention of the treatment 4. 3. 2.

    2 does not belong to the invention of the treatment 4. 3. 2.

    3 surgical methods 4.

    4 animal and plant varieties 4.

    5 nuclear transformation methods and substances obtained by this method 4. 5.

    1 nuclear transformation method 4. 5.

    2 substances obtained by nuclear transformation method

    Chapter II description and claims 1.

    Introduction 2.

    Brochure 2.

    1 specification shall meet the requirements of 2. 1.

    1 clear 2. 1.

    2 complete 2. 1.

    3 be able to achieve 2.

    2 composition and order of instructions 2. 2.

    1 name 2. 2.

    2 technology 2. 2.

    3 background 2. 2.

    4 inventions or utility models 2. 2.

    5 description 2. 2.

    6 the specific way of implementing 2. 2.

    7 other requirements for note book for 2.

    3 manual drawings 2.

    4 abstract 3.

    The claims 3.

    1 claim 3. 1.

    1 types of claims 3. 1.

    2 independent claims and dependent claims 3.

    2 claim should meet the requirements of 3. 2.

    1 based on the manual 3. 2.

    2 clear 3. 2.

    3 Summary 3.

    3 the right to demand written provisions of 3. 3.

    1 written provisions of the independent claim 3. 3.

    2 written provisions of the dependent claims

    Chapter III novelty 1.

    Introduction 2.

    The concept of novelty 2.

    1 existing technology 2. 1.

    1 time limit 2. 1.

    2 open 2. 1. 2.

    1 publication open 2. 1. 2.

    2 use an open 2. 1. 2.

    3 otherwise open 2.

    2 collision application 2.

    3 documents 3.

    Review of the novel 3.

    1 review 3.

    2 review of benchmarks 3. 2.

    1 is the same as the contents of the invention or utility model 3. 2.

    2 (slave) concept and General (upper) concept 3. 2.

    Direct replacement for 3 stock 3. 2.

    4 numeric and numeric range 3. 2.

    5 contains properties, parameters, marked by preparation method and uses product claims 4.

    Priority 4.

    1 foreign 4. 1.

    Foreign priority conditions for 1 4. 1.

    2 the same topic of the definition of invention 4. 1.

    3 effectiveness of foreign priority 4. 1.

    4 foreign and foreign parts priority 4.

    2 domestic priority 4. 2.

    Domestic priority conditions for 1 4. 2.

    2 definition of the invention or utility model for the same theme 4. 2.

    3 the effectiveness of national priority 4. 2.

    Part 4 national priorities and national priorities 5.

    Does not lose its novelty grace period 6.

    Processing of the same invention 6.

    1 judgment principles 6.

    2 way 6. 2.

    1 processing of the two patent applications 6. 2. 1.

    1 same as applicant 6. 2. 1.

    2 the applicant is different 6. 2.

    2 processing of a patent application and a patent

    The fourth chapter of creative 1.

    Introduction 2.

    The concept of inventive step 2.

    1 existing technology 2.

    2 prominent substantive features 2.

    3 notable progress 2.

    4 skilled field technicians 3.

    Inventive step of review 3.

    1 review 3.

    2 review of benchmarks 3. 2.

    1 prominent substantive features of the judgment 3. 2. 1.

    Method 1 3. 2. 1.

    2 identification of the sample 3. 2.

    2 notable progress judgment 4.

    Several different types of invention inventive step assessment 4.

    1 pioneering inventions 4.

    2 combination invention 4.

    3 select the invention 4.

    4 to switch to invention 4.

    5 new use of a known product inventions 4.

    Invention of the 6 elements of change 4. 6.

    1 invention of the elements change 4. 6.

    2 invention of factor substitution 4. 6.

    Invention of the 3 elements omitted 5.

    Other factors that should be considered when judging inventive 5.

    1 invention solves people have been eager to solve the technical problems but failed to achieve success 5.

    2 invention overcomes the technical bias 5.

    3 invention has made unexpected technical effect 5.

    4 inventions succeed in business 6.

    When reviewing the creative problems that should be noticed 6.

    1 ways to create inventions 6.

    2 avoid "hindsight" 6.

    3 consideration of unexpected technical effect 6.

    Review 4 for the protection of inventions

    The fifth chapter practical 1.

    Introduction 2.

    Practical concepts 3.

    Usability review 3.

    1 review 3.

    2 review of benchmarks 3. 2.

    1 no reproducibility 3. 2.

    2 against the order of nature 3. 2.

    3 using the unique natural conditions products 3. 2.

    4 non-treatment of the human or animal body by surgery 3. 2.

    5 measurement of human or animal bodies in extreme cases the physiological parameters of method 3. 2.

    6 no positive effects

    Chapter Sixth single and the divisional application 1.

    Introduction 2.

    Single 2.

    1 the basic concept of single 2. 1.

    1 single sex 2. 1.

    2 the General inventive concept 2.

    2 single review 2. 2.

    1 review 2. 2.

    2 a single review of methods and examples 2. 2. 2.

    1 independent claims of the same kind of single 2. 2. 2.

    2 independent claims of different categories of single 2. 2. 2.

    3 a dependent claim oneness 3.

    Divisional application 3.

    1-case scenarios 3.

    2 a divisional application should meet the requirements of 3.

    3 review of

    The seventh chapter search 1.

    Introduction 2.

    Review with retrieval of information 2.

    1 searching patent documents 2.

    2 retrieval of non-patent literature 3.

    Search topics 3.

    1 search based on application 3.

    Retrieval of an independent claim 2 3.

    Retrieval of dependent claims 3 3.

    Retrieval of elements of the portfolio, claims 4 3.

    5 the retrieval of different types of claims 3.

    6 retrieval of description and drawings 4.

    Retrieve time limits 4.

    1 retrieve the existing technical literature in the time limit 4.

    2 search subject to the time limit of application 5.

    Getting ready for a search 5.

    1 read the relevant documents 5.

    2 check the application of the international patent classification 5.

    3 determine the retrieval technology 5. 3.

    1 the use of computer databases 5. 3.

    2 use the international patent classification 5.

    4 analysis of claims, determined to retrieve element 5. 4.

    1 overall analysis of claims 5. 4.

    2 Retrieving elements identified 6.

    Retrieval of patent application for invention 6.

    1 retrieval of elements 6.

    2 retrieve order 6. 2.

    1 in their respective technical areas to retrieve 6. 2.

    2 feature similar technology in the field of search 6. 2.

    3 redefine the technical field of search 6. 2.

    4 other information 6.

    3 concrete steps 6. 3.

    1 machine 6. 3.

    2-test 6.

    4 subject to the application of retrieval 6. 4.

    1 basic principles 6. 4.

    2 for a full 18 months after the publication of enter the substantive examination procedure to retrieve 6. 4.

    3 enter into substantive review procedures applied for early release after retrieval 7.

    Prevent duplicate retrieval of authorization 8.

    Stop retrieval 8.

    1 search limits 8.

    Retrieved 2 may suspend several 9.

    Special search 9.

    1 apply theme cross-field retrieval 9.

    2 when applying for the lack of single retrieval 9. 2.

    1 on the apparent lack of a single application for retrieval 9. 2.

    2 the retrieval of an apparent lack of a single application 9.

    3 other cases retrieval 10.

    Do not have to retrieve the situation 11.

    Supplementary search 12.

    Search report

    Eighth chapter of substantive examination procedures 1.

    Introduction 2.

    Substantive examination program and its basic principles 2.

    1 Summary of the substantive examination procedure 2.

    2 basic principles of substantive examination program 3.

    Verification of application documents and actual trial preparation 3.

    1 check the application of the international patent classification 3.

    2 check the application documents 3. 2.

    1 check startup programs based on 3. 2.

    2 check the application documents 3. 2.

    3 check the information covering the priority 3. 2.

    4 checked other related documents 3. 2.

    5 when applying for a flawed document processing 3.

    3 personal review archive 3.

    4 review of order 3. 4.

    1 General principles 3. 4.

    2 special handling 4.

    Examination as to substance 4.

    1 review text 4.

    2 reading the application documents and understand the invention 4.

    3 don't have to search to issue a notice of review in the circumstances 4.

    4 the lack of a single application processing 4.

    5 search 4.

    Verification of 6 priority 4. 6.

    1 to verify priority 4. 6.

    General principles of priority 2 verification 4. 6. 2.

    Part 1 the priority of the verification 4. 6. 2.

    More than 2 verification of multiple priorities 4. 6.

    3 priority verification handler 4.

    7 comprehensive review 4. 7.

    1 review of claims 4. 7.

    2 review the description and abstract 4. 7.

    3 reviewing other application documents 4.

    8 is not a comprehensive review of the situation 4.

    9 the handling of public comments 4.

    10 the first review notice 4. 10.

    1 General requirements 4. 10.

    2 components and requirements 4. 10. 2.

    1 standard table 4. 10. 2.

    2 notice of review body 4. 10. 2.

    3 copies of the documents 4. 10.

    3 reply deadline 4. 10.

    4 signed 4.

    11 continues to review 4. 11.

    1 review of applications will continue to deal with the aftermath of 4. 11.

    2 supplementary search 4. 11.

    3 notice of review comments 4. 11. 3.

    1 once again issued a notice of review in the circumstances 4. 11. 3.

    2 once again review the contents of the notice and demand 4.

    12 meeting 4. 12.

    1 met the conditions 4. 12.

    2 meeting and participants 4. 12.

    3 meet records 4.

    13 phone discussion 4.

    14 evidence and field investigations 5.

    Reply and modify 5.

    1 reply 5. 1.

    1 reply 5. 1.

    2 responses to sign 5.

    2 modifications 5. 2.

    1 modify requests 5. 2. 1.

    1 modifying the content and scope of 5. 2. 1.

    2 active modification time 5. 2. 1.

    3 reply to the notice of review, changes 5. 2.

    2 allow modifications 5. 2. 2.

    1 changes to the claims 5. 2. 2.

    2 changes to the description and its abstract 5. 2.

    3 do not allow modification 5. 2. 3.

    1 does not allow for increased 5. 2. 3.

    2 does not permit changes 5. 2. 3.

    3 do not allow delete 5. 2.

    4 specific forms of modified 5. 2. 4.

    1 the author replaced page 5. 2. 4.

    2 an inspector in accordance with terms of reference to modify 6.

    Notice of decision and the patent right may be granted 6.

    1 the decision of rejection 6. 1.

    1 to reject the application of conditions 6. 1.

    2 dismiss types 6. 1.

    3 composition of the decision 6. 1.

    4 decision body writing 6. 1. 4.

    1 case 6. 1. 4.

    2 reasons for rejected 6. 1. 4.

    3 decisions 6.

    2 notice of patent award 6. 2.

    1 give notice of patent right may be granted conditions 6. 2.

    2 issuing notice of grant of patent right should do work 7.

    Substantive examination of program termination, suspension and recovery 7.

    1 termination of proceedings 7.

    2 suspension of program 7.

    3 program recovery 8.

    Front-review with the review continues to review

    Nineth chapter on invention patent applications involving computer programs to review certain provisions of 1.

    Introduction 2.

    Invention patent applications involving computer programs reviewed benchmarks 3.

    Review examples of invention patent applications involving computer programs 4.

    Chinese character coding method and the Chinese character input method 5.

    Specification of an application for a patent for invention relating to computer programs and the claims of writing 5.

    1 Manual of writing 5.

    2 written claims

    Tenth chapter on invention patent applications in the field of chemistry reviews of a number of provisions 1.

    Introduction 2.

    No patent shall be granted for chemical application for patent for invention 2.

    1 natural substances 2.

    2 material and medical uses 3.

    Chemical inventions of full disclosure 3.

    1 chemical product inventions of full disclosure 3.

    2 chemical inventions from full disclosure 3.

    3 chemical product invented to fully open 3.

    4 on the implementation of 4.

    Chemical invention claims 4.

    1 compound claims 4.

    2 composition claims 4. 2.

    1 the use of open, closed, and their requirements 4. 2.

    2 composition and content in the composition claims limit 4. 2.

    3 composition claims the other qualified 4.

    3 only with structures and/or composition could not be clearly characterized the chemical product claims 4.

    4 chemical method of claim 4.

    5 use the right to require 4. 5.

    1 use the right type of 4. 5.

    2 material of medical use claims 5.

    Chemical invention's novelty 5.

    Novelty of compound 1 5.

    2 composition and novelty 5.

    3 using physicochemical parameters or novelty of chemical products were characterized by preparation method 5.

    4 chemical product use invention's novelty 6.

    Chemical invention creativity 6.

    Compound 1 creative 6.

    2 invention of chemical products uses creative 7.

    Chemical inventions of practical 7.

    1 dishes and cooking methods 7.

    2 doctor's prescription 8.

    Singleness of chemical inventions 8.

    1 Ma Kushi claim oneness 8. 1.

    1 basic principles 8. 1.

    2 example 8.

    2 of intermediate and final products of a single 8. 2.

    1 basic principles 8. 2.

    2 example 9.

    Invention patent applications in the field of bio-technology review 9.

    1 to request review of the object of protection 9. 1.

    1 based on the fifth of the patent law to require review of the object of protection 9. 1. 1.

    1 human embryonic stem cells 9. 1. 1.

    2 at all stages of formation and development of the human body 9. 1. 1.

    3 illegal access or make use of genetic resources he belongs 9. 1.

    2 according to the 25th of the patent law to the requirements of the object of protection review 9. 1. 2.

    1 micro-organisms 9. 1. 2.

    2 gene or DNA fragments 9. 1. 2.

    3 animal and plant and its components 9. 1. 2.

    4 genetically modified animals and plants 9.

    2 manual open 9. 2.

    1 preservation of biological materials 9. 2.

    2 involve the invention of genetic engineering 9. 2. 2.

    1 innovation 9. 2. 2.

    2 method for making a product invention 9. 2.

    3 nucleotide or amino acid sequence listing 9. 2.

    4 related to microbiological inventions 9.

    3 claims of inventions in the field of biotechnology books 9. 3.

    1 involved the invention of genetic engineering 9. 3. 1.

    1 gene 9. 3. 1.

    2 carrier 9. 3. 1.

    3 recombinant vectors 9. 3. 1.

    4 transformants 9. 3. 1.

    More than 5 peptides or proteins 9. 3. 1.

    6 cell fusion 9. 3. 1.

    7 monoclonal antibody 9. 3.

    2 involving microbiological inventions 9.

    Review of 4 novelty, creativity and practicality 9. 4.

    1 novelty of inventions involving genetic engineering 9. 4.

    2 creative 9. 4. 2.

    1 involved the invention of genetic engineering 9. 4. 2.

    2 involving microbiological inventions 9. 4.

    3 usability 9. 4. 3.

    1 by filtering for specific micro-organisms in nature methods 9. 4. 3.

    2 by physical and chemical methods for artificial mutation in the production of new microbiological methods 9.

    5 disclosure of the source of genetic resources 9. 5.

    1 the terms of 9. 5.

    2 specific requests for disclosure 9. 5.

    3 disclosure of origin of genetic resources review

    The first chapter does not grant patent applications

    Method 1 1.

    Introduction Invention patent right may be granted must serve to promote its use, and improve the innovation ability, promote China's scientific and technological progress and economic and social development. To this end, the second patent law provisions for the object of the patent right may be granted. Taking into account the interests of the State and society, patent law has certain restrictive provisions on the scope of patent protection.

    On one hand, fifth of the patent law provides that inventions contrary to legal or social morality or that is detrimental to public interest no patent shall be granted, in violation of the laws and administrative regulations of the access to or use of genetic resources, and dependent on the genetic resources through invention and no patent shall be granted, on the 25th of the patent law defines not only the object of the patent right shall be granted. 2.

    2 2.

    The object which does not comply with the patent law provides in article

    The claimed invention in the patent law, refers to the product, a process or an improvement that the new technical solution, this is a general definition of the object of the invention to apply for patent protection, than to judge the specific review criteria of novelty, inventiveness. Technical solution is a technical problem to be solved by technical means taking advantage of the nature of the collection.

    Technology is often reflected by the technical features.

    Do not use technical means to solve technical problems, to obtain a natural effect of the programme, does not belong to the object of the patent law provides in article. Smell or such as sound, light, electricity, magnetism, waves, signals or energy does not belong to the object of the patent law provides in article.

    But using its properties to solve technical problems, are not included in this column.

    Method 5 3.

    No patent shall be granted under patent law the fifth section of the invention according to the provisions of the fifth paragraph of the patent law, invention disclosure, use, manufacture, breaking the law or social morality or that is detrimental to the public interest and cannot be patented.

    Under the provisions of the fifth article of the patent law, in violation of the laws and administrative regulations of the access to or use of genetic resources, and dependent on the genetic resources through invention and no patent shall be granted.

    Laws, administrative regulations, public morality and the meaning of public interest more widely, often changes due to different periods and regions, sometimes due to the promulgation of new laws, administrative rules and regulations implementation or modification of existing laws, administrative regulations, repeal, be added or lifting certain restrictions, so reviewers in the review according to the fifth of the patent law, paying special attention to. 5.

    1 3.

    1 according to the fifth paragraph of patent law does not grant patents of invention 3. 1.

    1 violations of the law of inventions Law, is defined by the national people's Congress, or laws enacted and promulgated by the Standing Committee of the national people's Congress in accordance with the legislative procedure. It does not include administrative rules and regulations.
    Inventions contrary to law and cannot be patented.

    For example, gambling equipment, machines or tools drug devices forged currency, negotiable instruments, documents, certificates or seals, relics of the equipment belongs to inventions which are unlawful and cannot be patented. Invention and did not violate the law, but because of the abuses and violations of the law are not included in this column.

    For example, for medical poisons, narcotics, sedatives, stimulants and chess and for entertainment. Article tenth of the implementing regulations of the patent law, patent law, in violation of the law of inventions mentioned in the fifth article, excluding only the inventions of its prohibition by law. The implication is, if only inventions of products in the production, sale or use be limited or constrained by the law, the product itself is not a breach of the law and its manufacturing method of invention.

    For example, various weapons for defence production, sales and despite the limitations in law, but the gun itself and a method of manufacturing is still the object of patent protection shall be granted. 3. 1.

    2 violation of social inventions Social ethics, refers to the widespread public belief that is justified, and accepted morality and codes of conduct. Its content based on cultural background, as time goes on and the progress of society continues to change and vary according to region.

    Social ethics of China's patent law that is limited to the territory of China. Inventions contrary to public morality, cannot be patented. For example, with violence murder or obscene of pictures or photos of appearance design, non-medical purpose of artificial organ or its alternative real, people and animal mating of method, change people reproductive Department genetic identity of method or change has reproductive Department genetic identity of people, clone of people or clone people of method, people embryos of industrial or commercial purpose of application, may led to animal pain and on people or animal of medical no substantive benefits of change animal genetic identity of method,, above inventions violation social morality,

    Cannot be granted a patent. 3. 1.

    3 prejudice to the public interest of inventions

    Prejudice to the public interest refers to the implementation or use of the invention to the public or social harm, or to leave the State and affected the normal social order.

    "For example"

    Inventions that people disability or damage property for means of, as a makes theft who binocular blind of anti-theft device and the method, cannot was grant patent; inventions of implementation or using will serious pollution environment, and serious waste energy or resources, and damage balance, and against public health of, cannot was grant patent; patent application of text or pattern involved national major political event or religious belief, and hurt people feelings or national feelings or publicity superstition of, cannot was grant patent.

    However, if inventions likely to cause prejudice to the public interest because of the abuse, or inventions had a positive effect, while there are some disadvantages, for example, have some side-effects of drugs on the human body, you cannot "detrimental to public interests" as grounds for refusing to grant a patent. 3. 1.

    4 some applications for breach of patent law the fifth article A patent application contains in violation of the law or social morality or that is detrimental to the public interest, and others are legitimate, then the patent application is called a partial violation of patent law article fifth application. For such patent applications, the Inspector during the review, it shall notify the applicant for modifications to delete part of the fifth article of the patent law.

    If the applicant does not agree to remove the offending areas, cannot be patented. For example, a "coin operated billiard game" invention. If the game reaches a certain score, the machine throws a number of coins. Inspector shall notify the applicant will throw coins part removed or modified, make this a simple coin-operated game machines.

    Otherwise, it is a new innovative technical solutions, cannot be patented. 5.

    2 3.

    2 according to the fifth article of the patent law does not grant patents of invention

    Under the provisions of the fifth article of the patent law, in violation of the laws and administrative regulations of the access to or use of genetic resources, and relied on the genetic resource he belongs, no patent shall be granted.

    Under the terms of the 26th article of the implementing regulations of the patent law, genetic resources referred to in patent law, refers to human, animal, plant or microorganism containing functional units of heredity and of material of actual or potential value; alleged reliance on genetic resources in the patent law he belongs, refers to the use of the genetic resources, genetic feature he belongs.

    In the above provisions, the genetic function refers to the organism through reproduction traits or characteristics from generation to generation or the organism's ability to be replicated.

    Functional units of heredity refers to an organism's genes or DNA or RNA fragments with genetic function.

    Taken from the human body, animals, plants or microorganisms or other materials containing functional units of heredity, is the carrier of the functional units of heredity, which includes the entire organism, as well as some part of the organism, for example, organs, tissue, blood, body fluids, cells, genomes, genes, DNA or RNA fragment.

    Genetic inventions using genetic resources function refers to the functional units of heredity are separate, analysis, treatment, and in accomplishing the invention-creation, and realize the value of their genetic resources.

    Get in violation of laws, administrative regulations or the use of genetic resources, refers to the access to or use of genetic resources in accordance with the relevant laws and administrative regulations of the relevant administrative departments in advance of approval or permission from the related rights.

    For example, according to People's Republic of China livestock method and People's Republic of China animal genetic resources inbound and outbound and foreign cooperation research using approval approach of provides, to outside output included China animal genetic resources protection directory of animal genetic resources should handle related approval procedures, a inventions of completed rely on Yu China to outside export of included China animal genetic resources protection directory of a animal genetic resources, not handle approval procedures of, the inventions cannot was grant patent.

    Method 25 4.

    According to the 25th of the patent law is not the object of patent right shall be granted

    Patent applications to protect the subjects belonging to the 25th of the patent law listed in the first paragraph is not the object of patent right may be granted, cannot be patented. 25.

    1 (1) 4.

    1 scientific discovery Scientific discovery, objective refers to the nature of substances, phenomena, processes and their characteristics and laws of revelation. Summary of the theory is the understanding of the nature of science, is more generalized finding. They all belong to the extension of the recognition. These known substances, phenomena, processes, characteristics and laws are different from technical scheme of transforming the objective world, not inventions in the sense of the patent law, so they cannot be patented. For example, discovered photosensitive silver halides in lighting properties, this discovery cannot be patented, but according to this discovery to create a photographic film and photographic film manufacturing methods can be patented. Another example, from nature to find a previously unknown form of natural occurring substances, just found, cannot be granted a patent (on the initial separation or extraction from nature materials of the review, the tenth chapter 2nd this section apply.

    The provisions of section 1).

    It should be noted that inventions and discoveries is essentially different, but the two are closely related. In General, many inventions is based on discoveries, inventions and promote discovery.

    Inventions and discoveries of the close relations between the chemical "invention" is most prominent on when following the discovery of the specific nature of certain chemical substances, use the properties of "invention" came into being. 25.

    1 (2) 2.

    2 4.

    2 rules and methods of intellectual activities Intellectual activity, is a person's thought process, because it comes from people thinking through reasoning, analysis and judgments produced abstract results, or by human thought as the medium, indirect role in natural results.

    Rules and methods for intellectual activity is to guide people to thinking, rules and methods of expression, judgment and memory. Because it does not have the technical means or by using the laws of nature, or solving technical problems and have a technical effect, which does not constitute a technical solution. It does not comply with the patent law the provisions of the second paragraph of article II and the 25th article of the patent law (b) provided.

    Therefore, the rules and methods of instructing people to carry out such activities cannot be granted a patent.

    Judge involved in intelligence activities rule and the subject of a patent application to protect when you are the object of patent right may be granted, shall be guided by the following principles: (1) If a claim only involves rules and methods for intellectual activity, the patent should not be granted.

    If a right requires, in addition to the theme name, to qualify its entire contents are intellectual activities of rules and methods, then the claims essentially relate only to rules and methods for intellectual activity, nor should the patent right is granted.

    "For example"

    Review of patent applications;

    Organization, production and commercial implementation and economic management methods and systems;

    Traffic rules, time schedule, rules of the game;

    Method of deductive, reasoning, and planning;

    Classification rules, dictionary, method, method of information retrieval, patent classification;

    Calendar scheduling rules and methods;

    Instrument and equipment operating instructions;

    Syntax of the language, encoding method;

    Computer language and calculation rules;

    Fast algorithms or formulas;

    Conversion of mathematical theories and methods;

    Psychological testing methods;

    Teaching, methods of teaching, training and animal trainer;

    Rules and methods of games, entertainment;

    Statistics, accounting and bookkeeping methods;

    Music, recipes, games;

    Working methods of the body;

    Method of screening methods and population statistics;

    Information presentation methods;

    The computer program itself.

    (2) in addition to the above (1) described in the case, if a claim to qualify its entire content consists of both intellectual activity of rules and methods for content and technical characteristics, then the claim as a whole was not an intellectual activity of the rules and methods should not be based on the 25th of the patent law to exclude the possibility of obtaining a patent. 25.

    1 (3) 4.

    3 the diagnosis and treatment of diseases

    Diagnosis and treatment of disease, refers to the living human or animal body as a direct object, identify, identify or eliminate the cause or focus of the process. Out of humanitarian considerations and the social and moral reasons, diagnosis and course of treatment, the doctor should have the choice of methods and conditions of freedom. In addition, these methods directly to living human or animal subjects object to, unable to use in the industry, not inventions within the meaning of patent law.

    Disease diagnosis and treatment could not be granted a patent.

    However, the instrument for implementation of the diagnosis and treatment of diseases or devices and their use in diagnosis and treatment of diseases of the substances or materials belonging to the object of the patent right is granted. 4. 3.

    1 diagnostic methods

    Diagnostic methods, means for identifying, researching and determining living human or animal or object causes lesions. 4. 3. 1.

    1 belongs to the diagnosis method of invention

    A method associated with the diagnosis if both of the following two conditions are disease diagnostic methods, cannot be granted a patent:

    (1) to a living human or animal body as an object;

    (2) for disease diagnosis or medical condition for the purpose of directly.

    If an invention from the formal point of view is based on the sample in vitro, but the invention is the subject to get the same disease diagnosis or health condition for the direct purpose, then the invention cannot be patented.

    If the requested patent protection of methods includes troubleshooting steps or did not include troubleshooting steps, including steps, and according to the existing technologies in the medical knowledge and the content of the patent application, as long as the diagnosis or detection of known said information, direct access to the diagnosis of the disease or health condition, which satisfy the above condition (2).

    Examples of patent cannot be granted in the following ways:

    Measurement of blood pressure, pulse, foot clinic law, x-ray Diagnostics, ultrasound Diagnostics, gastrointestinal radiography diagnostic method, endoscope diagnosis methods, isotope tracer imaging method, infrared non-destructive diagnostic method, risk assessment methods, disease treatment effect prediction method, method of gene screening and diagnosis. 4. 3. 1.

    2 do not belong to the diagnosis method of invention

    The following examples of such methods are not part of the diagnostic methods:

    (1) has been implemented on the death of the human or animal body pathological anatomy;

    (2) the immediate goal is not a diagnosis or health condition, but only from the living human or animal method of obtaining information as intermediate results, or deal with the information (form parameters, physical parameters or other parameter);

    (3) the immediate goal is not a diagnosis or health condition, but have been away from human or animal tissue, body fluids or waste processing or testing methods to get information as intermediate results, or methods of handling this information.

    The above (2) and (3) it is important to note, only when the existing technology in the medical knowledge and the content of the patent application cannot be obtained directly from the information obtained by itself disease diagnosis or health condition, this information can be considered to be intermediate results. 4. 3.

    2 treatments

    Treatment refers to the life of humans or animals to recover or receive health or reduce pain, blocking the process, alleviate or eliminate the cause or lesion. Treatments include therapeutic purposes or with therapeutic methods.

    Ways to prevent disease or immunization as a treatment.

    May include therapeutic purposes, methods may also contain non-therapeutic purposes, should be clearly stated that the method for non-therapeutic purposes, cannot be patented. 4. 3. 2.

    1 belongs to the invention of the treatment

    The following examples of such methods are or should be considered a treatment, cannot be patented.

    (1) the surgical treatments, Pharmacotherapy, psychotherapy.

    (2) aimed at treatment of acupuncture, anesthesia, massage, massage, Gua Sha, qigong and hypnosis, medicated bath, air bath, sunbathing, bathing and nursing methods.

    (3) for therapeutic purposes, electricity, magnetism, sound, light, heat, and other types of radiation to stimulate or irradiation of the human or animal body.

    (4) for therapeutic purposes by coating, freezing, heating and other means of treatment.

    (5) the various immunological methods to prevent disease.

    (6) for the implementation of surgical treatment and/or drug therapy using the helper methods, such as return to the same body cells, tissues or organs, hemodialysis treatment methods, anaesthesia depth monitoring methods, drugs taken orally, drug injection, drug application methods.

    (7) for the treatment of pregnancy, for the purpose of contraception, increase sperm count, in vitro fertilization, embryo transfer, and so on.

    (8) for the treatment of facial plastic surgery, body stretching, for the purpose of weight loss, increased.

    (9) the wound is methods of disposal of human or animal objects, such as disinfection, dressing the wound.

    (10) other methods for therapeutic purposes, such as artificial respiration, oxygen therapy method. It is to be noted that, while the use of drug therapy for the disease cannot be patented, but the drug itself can be patented. Review of patent applications relating to medical uses of the substance, the tenth chapter 2nd this section apply. 4th and 2. 5.

    The provisions of section 2. 4. 3. 2.

    2 does not belong to the invention of the treatment

    The following examples of such methods are not part of the treatment, and not according to the 25th article of the patent law (c) refuse to grant patents. (1) method of manufacturing artificial limbs or body, as well as for the manufacture of the prosthesis or prostheses and the method of measurement. For example, a method of making false teeth, making teeth mold in the method included in the patient's mouth, and in manufacturing dentures in vitro.

    Although the ultimate aim of treatment, but the method itself is designed to produce the right kind of dentures. (2) through non-surgical way to dispose of the animal to change its growth characteristics of livestock production methods.

    For example, by imposing certain electromagnetic stimulation on live sheep to promote its growth, improving the quality of mutton or to increase the yield of wool.

    (3) method of animal slaughter. (4) have died of the human or animal body disposal method.

    Such as Anatomy, the remains, embalming, mount method.

    (5) method of simple beauty, that is, not involved in the beauty of the human body or no trauma, including skin, hair, nails, teeth, external to the local implementation of parts of the body odor, non-therapeutic purposes, protective, decorative or modification.

    (6) to render non-sick people or animals feel comfortable, pleasant, such as diving, antivirus and other special case to transport oxygen, moisture content of negative oxygen ions, method.

    (7) on external human or animal body (skin or hair, but does not include cuts and infection sites) of bacteria, viruses, fleas, and lice. 4. 3. 2.

    3 surgical methods Surgical procedures, refers to the use of instruments on the living human or animal body cut open, cut, sew, tattoos and other trauma or intervention or the method of disposal, this surgical method could not be patented.

    However, to have died of the human or animal body cut open, cut, sew, tattoos and other disposal methods, as long as the method does not violate patent law article fifth, are the object of the patent right is granted.

    Surgical procedures are divided into therapeutic and non-therapeutic surgical methods.

    Surgical methods for treatment purposes, belonging to the treatment, according to the 25th article of the patent law (c) provisions of patent grants. Review of non-surgical methods for treatment purpose, application of this section of the fifth chapter of the 3rd. 2.

    The provisions of section 4. 25.

    1 (4) 4. 4 animal and plant varieties of animals and plants have life objects. According to the 25th article of the patent law (iv) stipulates that plant and animal varieties cannot be patented. Patent law says animals do not include people, which refers to animals cannot synthesize, and can only rely on natural intake of carbohydrates and protein to maintain its living creatures. Plants referred to in patent law, is one that can use photosynthesis, water, carbon dioxide and inorganic salts and other inorganic synthesis of carbohydrates and proteins to survive, and usually do not move creatures.

    Animal and plant varieties through laws and regulations other than the protection of the patent law, for example, new plant varieties can be protected by the regulations on the protection of new varieties of plants. According to the 25th of the patent law the provisions of the second paragraph of article, production method for animal and plant varieties, can be patented.

    But that method of production refers to the non-biological methods, methods that do not include animal and plant biology. A method belongs to "primarily biological methods", depending on the degree of human intervention. If the human intervention on the methods to achieve the purposes or effects have played a major role in controlling or decisive role, this method does not belong to "primarily biological methods".

    For example, using the method of irradiation breeding of high yield of milk produced by cows, improved methods of farming methods in the production of lean-type pigs belonging to the object of the invention can be granted. So-called microbial invention refers to the use of a variety of bacteria, fungi, viruses and other microorganisms to produce a chemical substance (such as antibiotics) or decomposition of a substance such as invention. Microorganisms and microbiological processes can be patented.

    Review of microbial invention patent application, the tenth chapter of the relevant provisions of this section apply. 25.

    1 (5) 4.

    5 nuclear transformation methods and substances obtained by this method

    Nuclear transformation methods and materials obtained by the method related to the country's economy, national defense, scientific research and the vital interests of public life, not as a unit or a private monopoly, so they cannot be patented. 4. 5.

    1 nuclear transformation method Nuclear transformation method, refers to one or several nuclei of divisions or aggregations, the process of creating a new one or several nuclei, for example: complete the nuclear fusion reaction of magnetic mirror traps law law, closed wells and various methods to achieve nuclear fission, these methods cannot be patented.

    However, increasing particle energy to achieve nuclear transformation method of particle acceleration (such as electronic wave speed, electron standing wave method, method of electron collisions, electronic circular acceleration, etc), do not belong to nuclear transformation method, but to the object of the invention can be granted.

    To achieve nuclear transformation method for all kinds of equipment, apparatus, parts and components, are the object of the patent right is granted. 4. 5.

    2 substances obtained by nuclear transformation method

    Nuclear materials obtained by the transform method, mainly refers to accelerators, reactors and other nuclear reactor production and manufacturing of various radioactive isotopes, these isotopes cannot be granted inventions patents.

    But the use of these isotopes and the use of instruments and equipment belonging to the object of the patent right is granted.

    Chapter II description and claims 1.

    Introduction

    Under the terms of the 26th article of the patent law, a patent application shall have instructions (when necessary, photos) and its abstract, and claims; should have a utility patent application instructions (including photos) and its abstract, and claims. 26.

    3

    Description and the claims are documented the invention or utility model and determine the scope of protection of legal documents.

    Description and the drawings are mainly used for clear and complete description of the invention or utility model, the skilled technicians in the field of interpretation and implementation of the invention or utility model. 26.

    4

    Claims should be based on the instructions clearly and concisely state requires the scope of patent protection.

    Under the provisions of article 59th of the patent law, invention or utility model patent protection for its claim of subject content, content of the description and the drawings may be used to interpret the claims. This chapter of the specification and claims the main content and write a request for general provisions applicable to all technical areas.

    Relates to computer programs, and patent applications in the field of chemistry specification and claims of a number of specific issues, apply the provisions of this part of the Nineth and tenth chapters. 2.

    Brochure

    Patent law article 26th and 17th, respectively, on the instructions of the implementing regulations of the patent law of the substantive content and composition was provided for. 2.

    1 specification shall meet the requirements of

    26th article of the patent law provides that description shall set forth the invention or utility model has made clear, complete instructions, subject to the skilled technicians to implement in the field of. Description of the invention or utility model has made clear and complete instructions, should reach the level of skilled technicians in the field can be achieved.

    That is, the package should meet the requirement full disclosure of the invention or utility model. On the "skilled technicians in the field of" the meaning of the fourth chapter 2nd this section apply.

    The provisions of section 4. 26.

    3 2. 1.

    1 clear

    Instruction ought to be clear, should meet the following requirements: (1) clear. Starting specifications from existing technology, clearly reflects the invention or utility model what we want to do and how to do it, skilled technicians in the field understands exactly the invention or utility model protection topics. In other words, the instructions shall clearly state the invention or utility model to solve technical problems and technical solutions to resolve technical problems and control existing technology clearly state the beneficial effect of the invention or utility model.

    And beneficial effects of the technical problems mentioned above, technical programme should adapt, not contradictory or unrelated situations. (2) statements accurately. Specifications should use the technical terms of the technical field of the invention or utility model belong.

    Description should accurately reflect the technical content of the invention or utility model shall not be vague or ambiguous, that skilled technicians in the field couldn't clear and correct understanding of the invention or utility model. 26.

    3 2. 1.

    2 complete

    Complete package should include understanding, implementation of invention or utility model has all the technology required.

    A complete specification shall include the following elements: (1) to help understand the contents of the invention or utility model is indispensable.

    For example, about the condition of belonging to a technical field, background technical description and specifications description with drawings. (2) determining invention or utility model has novelty, creativity and practicality of the desired content.

    For example, the technical problem solved by the invention or utility model, solve their technical issues technical programmes and the beneficial effect of the invention or utility model. (3) the content required for carrying out the invention or utility model.

    For example, in order to address inventions or utility of the technical problems of the concrete implementation of technical solutions.

    For overcoming prejudice invention or utility model, instructions should also explain why the invention or utility model to overcome the technology biases, prejudices of new technical solutions and technology differences between and using technical means to overcome bias.

    It should be noted that all skilled technicians from the prior art in the field of direct, only to come to the content, shall be described in the manual. 26.

    3 2. 1.

    3 be able to achieve

    Skilled technicians in the field of implementation, refers to the skilled technician in accordance with the instruction in the field of recorded content, is able to achieve the invention or utility model technical solutions, solve their technical problems, and produce the desired result. Instructions should be clearly documented technical solution of an invention or utility, describes in detail the specific embodiments of the invention or utility model, complete openness for understanding and carrying out the invention or utility essential technical content, meet the skilled technicians to implement in the field of the invention or utility model level.

    Inspectors if there are reasonable grounds for doubt invention or utility model does not meet the requirements of full disclosure, the applicant should be required to be clarified.

    Following conditions due to lack of technical means to solve technical problems and was considered impossible:

    (1) gives only the tasks in the specifications and/or ideas, or just to show that kind of desire and/or result, but have not given any skilled technicians to implement in the field of technology;

    (2) the instructions given in the technical means, but for skilled technicians in the field of it, this means is unclear, according to the specific implementation of the specifications noted in;

    (3) the instructions given in the technical means, but skilled technicians in the field of the use of this method does not resolve the invention or utility model to solve technical problems;

    (4) the theme for this application consists of multiple technology technical solutions, for one technology, skilled technicians in accordance with the instruction in the field of recorded content can not achieve; (5) description of specific technical solutions, but no evidence is given, and must rely on the results of the programme to be confirmed to be set up.

    For example, for new uses of known compounds invented, generally, need to be given in the instructions described in the experimental evidence in support of its purpose and effect, or will not be able to implement the requirement. 2.

    2 composition and order of instructions Rule 17.

    1 According to the provisions of article 17th of the implementing regulations of the patent law, invention or utility model patent application specification shall clearly state the invention or utility model name, the name should match the name in the request.

    Instructions should include the following components:

    (A) technical field: indicating the technical programme belongs to the technical area requires protection;

    (B) background art: indicating the invention or utility model has the understanding, searching and examination of useful background; possible, citing files reflecting such technologies;

    (C) the invention or utility model: State of an invention or utility model to solve technical problems and technical solutions to resolve technical problems and control existing technology clearly state the beneficial effect of the invention or utility model;

    (D) Description: description with drawings, briefly describing the drawings; (E) specific embodiments: specify the applicant considers the invention or utility model has the preferred way when necessary, for example; drawings, control description.
    Rule 17.

    2

    Specification of the invention or utility model shall be in accordance with the manner and order, and in front of each part indicated the title, unless the nature of the invention or utility model in other ways or order can save a description of space and enables others to understand the invention or utility model. Rule 17.

    3 Invention or utility model shall be standard terminology, clear statement, and shall not use "claim ... ...

    Referred to ... ... "kind of quotations, and shall not contain any commercial advertising diction. Rule 17.

    4 Invention patent application consists of one or more nucleotide or amino acid sequence, the sequence table specification shall include compliance. For a sequence listing submitted see part I of this Guide Chapter 4th.

    Section 2.

    Following on the manner and order item-by-item detail. Rule 17.

    1 2. 2.

    1 name

    Name of the invention or utility model shall be clear and concise, written in the Manual Home centered over the part of the body.

    Name of the invention or utility model shall be written in accordance with the following requirements:

    (1) the description of the invention or utility model has the name and the name in the request should be the same, no more than 25 words, under special circumstances, for example, some applications of chemistry, can allow up to 40 words;

    (2) using technology common technical terms in the field, the best use of technical terms in the international patent classification, non-technical terms can not be used;

    (3) clear, concise and comprehensive reflection of the protection of inventions or utility of the themes and types (product or method) in order to facilitate the classification of patent applications, for example a contains zipper product and the production method of invention of the zipper application, its name should be written as "zipper and a manufacturing method thereof";

    (4) shall not use the names, place names, trademarks, models or trade names, shall not contain any commercial advertising diction. Rule 17.

    1 (1) 2. 2.

    2 technology

    The technical field of the invention or utility model shall be protected by the invention or utility model technical programme or directly to specific areas of technology application, instead of the top or adjacent areas of technology or invention or utility model itself. The specific technical fields are often associated with invention or utility model may point in the international patent classification into the lowest position. For example, an invention of excavator boom, its improvements are oval instead of rectangular cantilever section in the background section.

    Its belongs technology field can wrote "this invention involved a excavator, especially involved a excavator hanging arm" (specific of technology field), and should not be wrote "this invention involved a building mechanical" (upper of technology field), also should not be wrote "this invention involved excavator hanging arm of oval section" or "this invention involved a section for oval of excavator hanging arm" (invention itself). Rule 17.

    1 (2) 2. 2.

    3 background Background part of the invention or utility model shall clearly state the invention or utility model has the understanding, searching and examination of useful background and possible citation reflects this background technical documents. Especially citations containing invention or utility model claims independent claims the preamble of the technical characteristics of the existing technical documentation, citation and the invention or utility model patent application the closest prior art document. Specification documents can be cited in the patent document, non-patent document, such as journals, magazines, manuals, and books, and so on.

    Citation of patent documents, at least to specify the country, publication number of the patent document, preferably including a public date; non-patent citation files, to specify the title of the document and the detailed source. In addition, the instruction booklet in the background section, but also objectively pointed out that technical problems and shortcomings in the background, but only from the invention or utility model technical solutions to solve the problems and shortcomings.

    In may cases, indicate such problems and drawbacks of had experienced difficulties and solve these problems.

    Citation file should meet the following requirements:

    (1) the cited documents should be published, with the exception of paper forms, including forms such as electronic publications.

    (2) the non-patent citation files open day and foreign patent documents shall, prior to the filing date of this application; the Chinese patent citation files of public open day date cannot be later than the filing.

    (3) the citation of foreign patents and non-patent documents, should be based on the citation file announcement or publication uses text written citation of the original file when the source and related information, if necessary, give Chinese translation, and the translation is placed in brackets. If the citation file meets the requirements described above is considered the documents cited in the application instructions in the file contents. But such citations approach full open invention or utility requirements, see section 2nd. 2.

    Section 6. Rule 17. 1 (3) 2. 2.

    4 the invention or utility model this section should be clear and objectively State the following:

    (1) the technical problem to be solved The technical problem to be solved by the invention or utility model, is the invention or utility model to solve the technical problems of current technology.

    Invention or utility model patent application recorded in the technical solution should be able to solve these technical problems.

    Invention or utility model to solve the technical problems should be written according to the following requirements:

    (I) the defect or deficiency in existing technology;

    (Ii) positive and simple language as possible to reflect objectively and according to invention or utility model to solve the technical problems, can also provide further technical effect.

    Of the invention or utility model description of the technical problem to be solved by advertising claims can not be used. A patent application, the manual lists invention or utility model to solve one or more technical issues, but should also be described in the specification technical solutions to solve these technical problems.

    When an application contains more than one invention or utility, and more technology to solve problems that are listed in the specifications should be associated with a single general inventive concept.

    (2) technical solutions

    An invention or utility model patent application core is documented in a manual of technical solutions. 17th of the implementing regulations of the patent law, paragraph (c) of said State invention or utility model adopted in solving the technical problems of the technical solution refers clearly and completely describe the invention or utility model to resolve their technical issues the technical characteristics of the technical programme.

    In this part of the technical program, should reflect at least contains all the essential features of the independent claim of the technical programmes, can also contain additional technical features of the further improvement of the technical solution.

    Documented in the specifications of these technology solutions should and rights entailed by the request is consistent with the expression of the corresponding technical solutions.

    Under normal circumstances, manual technical programme part shall clearly state the technical solution of the independent claims, its terms shall, with the independent claim language, or the same invention or utility model technical features necessary for the sum stated its essence in the form of and, if necessary, describes the necessary technical characteristics of sum and the relationship between the effect of the invention or utility.

    Then, through the additional technical features of the invention or utility model description, reflect on the further improvement of technical solutions of the dependent claims.

    If there are several inventions in one application or several utility, a description of each technical solution of an invention or utility.

    (3) the beneficial effect

    Instructions should be clear and objectively state clearly the invention or utility model compared with existing technology that has beneficial effects.

    Advantages that make up the invention or utility model technical features directly, or the technical characteristics described by inevitable effect.

    Advantages that determine if your invention has "significant progress", if the utility has "progress" ...

    In General, beneficial effects can yield, quality, accuracy and efficiency improvements, savings in energy consumption, raw materials, processes, simple processing, manipulation, control, use, treatment or cure of environmental pollution, and the emergence of useful performance reflected.

    Beneficial effects can be improved through invention or utility model analysis and theoretical explanation of the characteristics of combination, or by listing the experimental data to show, not only asserts that the invention or utility model has a beneficial effect.

    But either way shows beneficial effects should be compared with the existing technology, pointed out that the invention or utility model differ from existing technologies. In the field of mechanical, electrical invention or utility model has the advantages of, in some cases, can be combined with the invention or utility model describes the structure and mode of action.

    However, inventions in the field of chemistry, in most cases, characterizes the invention has the advantage not intended to be used this way, but with the help of experimental data to show.

    There is no desirable measurements had to rely on the human senses to judge, such as taste, odour, and statistical representation of the results can be used to illustrate the beneficial effects.

    Refer to experimental data on the beneficial effect, should be given the necessary conditions and methods. Rule 17.

    1 (4) 2. 2.

    5 description Specification drawings, shall clearly state the figure of the drawings, and the brief description of the contents of the diagram.

    In the case of many parts, allows the use of a list of specific parts of the drawings on the name list.

    Photo is more than a painting, drawings shall be for all surface description.

    For example, an invention named "coal-fired boiler energy-saving devices" patent application, the specification consists of four drawings, surface descriptions of these drawings is as follows:

    Figure 1 is the front view of coal-fired boiler energy-saving device;

    Figure 2 is a side view of the energy-saving device as shown in Figure 1;

    A view of Figure 3 is shown in Figure 2;

    Figure 4 is along the section of the B-B line in Figure 1. Rule 17.

    1 (5) 2. 2.

    6 the specific way of implementing Carrying out the invention or utility model specification of a preferred mode of implementation is an important part of its full openness, understanding and carrying out the invention or utility model, support and explain the claims are extremely important. Therefore, the specification should describe in detail the applicant considers the invention or the concrete ways of optimization of utility.

    In appropriate circumstances, should illustrate; drawings, illustrated drawings shall be controlled.

    Optimal specific implementation modalities should reflect the application to solve technical problems in the use of technology, and the technical features of the claims should be given detailed instructions, in support of the claim.

    On optimization of specific embodiments of the description should be detailed, the invention or utility model skilled technicians to implement in the field of the invention or utility model. Embodiment is the invention or utility model optimization of specific implementation examples.

    Implementation shall, in accordance with the number of cases of an invention or utility model properties, belonging to a technical field, to determine the scope of protection of existing technical conditions and requirements. When one embodiment are sufficient to support the claims outlined in the technical programme, the instruction can be given only in one embodiment. When the claim (particularly independent claims) covering a wide scope of protection, it generally cannot be found in one embodiment basis, should be given at least two different embodiments, in support of the requirements the scope of protection.

    When claims relative to background technology improvements to numerical range, should normally be given values at both ends (preferably at both ends) the embodiment, when the value is wider in scope, should also be given at least one embodiment of the intermediate values.

    In the case of inventions or utility program is simple, if instruction relates to part of the technical program has been the invention or utility model patent application the subject matter protected by the clear and complete instructions, instructions do not have to deal with specific implementation section and then repeat. For the product of the invention or utility model, implementations should describe the product or embodiments of mechanical components, circuits or chemical composition, relation between the constituent parts of a product.

    Action products, describing its composition can make skilled technicians in the field of understanding and when carrying out the invention or utility model, and should also indicate its course of action or steps.

    Invention shall clearly state the steps, including using different parameters, or parameters of process conditions. In specific implementation way part, on most close of existing technology or invention or practical new and most close of existing technology total of technology features, generally can not for detailed of description, but on invention or practical new difference Yu existing technology of technology features and dependent right requirements in the of additional technology features should enough detailed to description, to belongs technology field of technicians can achieved the technology programme for associate.

    It should be noted is that in order to facilitate patent examination, as well as to give the public a more direct understanding of the invention or utility model, for those who meet the essential requirements of the 26th article of the patent law, you cannot reference other documents written, and its specific contents should be written instructions. Comparative description of the drawings of the invention or utility model preferred implementation mode, using drawings or symbols should be shown in the drawings, and behind the technical name without brackets.

    For example, relating to electrical connection instructions, can be written as "resistor 3 through 4 transistor collector connected to capacitor 5" shall not be written "3 by 5 and 4 connections". Rule 17. 3 and 3.

    1 2. 2.

    7 other requirements for note book for Description shall term specification, clear sentences.

    The content of the instructions should make it clear that no ambiguities or inconsistencies to make skilled technicians in the field of easy to understand. Specifications should use the technical terms of the technical field of the invention or utility model belong. For Science noun, national has provides of, should used unified of terms, national no provides of, can used belongs technology field conventional of terms, also can used known or latest appeared of technology terms, or directly using loanwords (Chinese said or transliteration Word), but its meaning on belongs technology field of technicians for must is clear of, not caused understanding errors; necessary Shi can used since defined word, in this situation Xia, should to out clear of defined or description. In General, should not be used in the technical fields in which has the basic meaning of the words to say other than the intended meaning, so as to avoid misunderstanding and semantic confusion.

    Technical terms and symbols used in the manual should be consistent. Instructions shall be in Chinese, but on the premise of no ambiguity, individual Chinese characters can use other text.

    Instructions when using non-English technical terms for the first time, should be notes or use described in Chinese with a Chinese translation.

    For example, a form can be used in the case of non-Chinese:

    (1) technicians familiar with the technical terms used in this field can be used for non-Chinese forms of expression, such as "EPROM" erasable programmable read-only memory, the "CPU" means central processing unit, but continuous use of Chinese technical terms used in the same statement may cause the statement difficult to understand, is not allowed.

    (2) units of measurement, mathematical symbol, formula, a variety of programming languages, computer programming, specific symbols (such as the China national standard abbreviated GB) you can use the non-Chinese.

    In addition, references of foreign patent documents, patent applications, sources of non-patent literature and the original name should be used, if necessary, give Chinese translation, and the translation is placed in brackets. Units of measurement should be used in the specifications state legal measurement units, including the international system of units the measurement units and other units of measurement of the selected state.

    If necessary, in brackets and callouts known in other units of measurement in the field.

    Specifications product name cannot be avoided, should indicate the models, specifications, performance and manufacturing units.

    Specifications should avoid using the registered trademark to identify substances or products.

    Rule 18 26.

    3 2.

    3 manual drawings

    Drawings are an integral part of instruction. Photo's role is to use graphics to add manual description of the story and allows people to understand intuitively and visually invention or utility for each the technical features and the overall technical solutions. For patent applications in the field of mechanical and electrical technology, specification drawings in particular.

    Therefore, instructions drawings should clearly reflect the contents of the invention or utility model.

    Application for a patent for invention, writing a clear and complete description of its technical programmes, without drawings. Rule 17.

    5 Rule 18.

    2

    Utility model patent application specification must have the drawings. When a patent application drawings, in the way the picture is used to represent the same implementation, represent the same component (the same technical characteristics or the same object) reference signs should be consistent. Specifications and drawings using the same drawings shall represent the same component.

    Specification reference signs not mentioned in the text of the may not appear in the drawings, does not appear in the drawings or of the drawings in the manual referred to in the text. Rule 18.

    3

    Outside of required words, drawings, and shall not contain any other comment; but for a flowchart, diagram kind of drawings should be given the necessary text in the box or symbol. Drawn on the drawings requires the application of chapter I of part I of this guide 4th.

    The provisions of section 3.

    Rule 23 2.

    4 abstract

    Record details in the summary is an overview of it is only a technical information that does not have the force of law.

    Summary of the content does not belong to the contents of the invention or utility model of original records, not as the basis for later modify the description or the claims, also cannot be used to interpret the scope of patent protection.

    Abstract shall meet the following requirements: Rule 23. 1.

    2

    (1) the summary shall include the names and their respective technical field of the invention or utility model, and clearly reflects the need to solve the technical problems, solve the problems of the technical points and the main purpose of the programme, of which technology solutions; summary can contain the chemical formula which best characterizes the invention; Rule 23.

    2

    (2) the patent application contains drawings, shall be provided or specified by the inspector a most reflective of the invention or utility model technical drawings as abstract drawings of the main technical features of the programme, the abstract drawings drawings shall be a specification of a site; Rule 23.

    2

    (3) the abstract drawings and distinctness in the figure down to 4 cm X6 cm, can clearly distinguish every detail in the figure; Rule 23.

    2

    (4) partial text of the abstract (including punctuation marks) must not exceed 300 words, and shall not contain any commercial advertising diction.

    In addition, the portion of the text of the abstract drawings shall not bracketed. Instructions of the preceding sections of this chapter the substance of provisions in detail and composition requirements. It should be noted that during the substantive examination, when the description does not comply with the patent law because of insufficient disclosure 26th when the provisions of the third paragraph, belong to 53rd provision of the implementing regulations of the patent law shall be rejected if the mere existence of defects does not meet the requirements of article 17th of the implementing regulations of the patent law, would not be based on detailed rules for the implementation of the patent law article 53rd to be rejected. If the words do not exist in the manual specification and the statement does not clearly is not leading to invention unattainable, that belongs to the defects referred to in article 17th of the implementing regulations of the patent law, the examiner should not thus dismiss the application.

    In addition, the 53rd of the implementing regulations of the patent law shall be rejected under article does not include the abstract in the circumstances does not meet the requirements of the situation. 3.

    The claims 26.

    4

    Claims should be based on the instructions clearly and concisely state requires the scope of patent protection. Claim shall record the technical features of the invention or utility model, technical characteristics can be a component of an invention or utility model technical solutions components, can also be a relationship between the elements.

    26th of patent law article fourth and 19th to 22nd of the implementing regulations of the patent law provides for the content and writing of the claims. Rule 20.

1

    A claim shall include at least one independent claim, and may also include a dependent claim. 3.

    1 claim 3. 1.

    1 types of claims In accordance with the nature of Division, there are two basic types of claims, claims and activities of that claim, or simply known as the product claims and claims. First fundamental type of claim includes human technology (products and equipment); the second basic type of claim including the time element of the activities (methods, use).

    Belonging to the right of the required goods, substances, materials, equipment, tools, devices, such as claims belonging to activities required manufacturing methods, methods of use, communication methods, treatments and products for specific purposes such as claims. Distinction in the type claims in order to determine the scope of protection of claims. Typically, when determining the scope of protection claims, all features in the claims shall be taken into account, and each features the actual qualifying should be embodied in the claim on topics that require protection.

    For example, when product claims one or more technical features cannot be used in structural characteristics and parameters to be used when clear characterization, permitting testimony to feature representation.

    However, the features characterizing the protection theme continues to be the product of product claims, the actual limit depends on what effect on the required protection of the product itself. For the subject name contains qualified product claims, which limit the use to determine the scope of protection of the product claims should be taken into account, but the actual limit depends on what effect on the required protection of the product itself. For example, theme name for "for steel casting of mold" of right requirements, which "for steel casting" of uses on theme "mold" has qualified role; for "a for ice forming of plastic die box", for its melting point far below "for steel casting of mold" of melting point, impossible for steel casting, so not in above right requirements of protection range within. However, if "... ..." qualified to request protection product or device itself does not affect the product or a description of the purpose or use of the equipment, its products or equipment such as new, creative judgment does not work. For example, "... ...

    Compound x ", where" ... ... "compound x does not have any effect, you determine whether the compound x having novelty, creativity, use limit does not work. 3. 1.

    2 independent claims and dependent claims Rule 20.

    2

    An independent claim shall outline the invention or utility model technical solutions, record technical features necessary for solving technical problems.

    Essential technical features means, invention or utility model for solving the technical problem is not a lack of technical characteristics, whose sum is sufficient to constitute the technical solution of an invention or utility, make it different from the background technology as described in other technology solutions.

    Judge whether a technical features technical features necessary for, should start from the technical problem to be solved by taking into account the specification describes the overall content should not simply be directly identify the necessary embodiment of technical characteristics technical characteristics.

    In the claims of a patent application, independent claim qualified by an invention or utility model has the widest scope of protection. Rule 20.

    3 If a claim in another claim of the same type are included all the technical characteristics and the other right of the required technical solution is further qualified, then the claims as dependent claims.

    Because the dependent claim with additional technical features of the claim is further referenced by qualified, so it falls in the scope of protection that it references claims within the scope of protection.

    Additional technical feature of dependent claims, which can be referenced by the technical features of the claims further define the technical characteristics of, can also be added technical features. In the claims of a patent application, it should be at least one independent claim. When there are two or more independent claims when, writing in the independent claim is described as the first in front of an independent claim, other independent claims referred to as side by side independent claims. Review Member should note, sometimes tied independent right requirements also reference in Qian of independent right requirements, for example, "a implementation right requirements 1 of method of device,......"; "a manufacturing right requirements 1 of products of method,......"; "a contains right requirements 1 of parts of equipment,......"; "and right requirements 1 of socket phase tie of plug,......",. This independent claims of the other claims are tied for the independent claims, and cannot be regarded as dependent claims.

    This independent claims that references another claim in determining the scope of protection, and referenced claim characteristics should be taken into account, its practical limit your role should be embodied in this independent claims has what impact the protection theme. In some cases, the form of dependent claims (reference part that contains dependent claims), in essence, are not necessarily dependent claims. For example, independent claims 1 to read: "including feature x-machine". In another claim is: "according to claim 1 wherein the machine is characterized with the characteristic y in place of feature x." In this case, the latter claim is an independent claim.

    An inspector shall not only from the written form found in the back of claims for the dependent claim. 3.

2 claim should meet the requirements of The fourth paragraph of the 26th article of the patent law, claims should be based on the instructions clearly and concisely state requires the scope of patent protection.

    The 19th article of the implementing regulations of the patent law, patent claim shall record the technical features of the invention or utility model. 26.

    4 3. 2.

    1 based on the manual Claims should be based on the manual, refers to the claim shall be supported by the description.

    Claims in respect of each claim to protect the technical solution should be skilled technicians from instruction in the field of open content obtained or concluded from technical programmes and shall not exceed the specification open range. Claims usually consists of manual records of one or more embodiments or embodiments generally made. Claims generally should not exceed the specification open range. If skilled technicians can reasonably predict the instructions given in the field of implementation of all the equivalent alternative or obvious variants have the same function or purpose, you should enable applicants to claim broad scope of protection to cover all of its equivalent alternative or obvious variants. Claim summary is appropriate, the inspector should refer to existing technologies for judgments associated with it.

    Pioneering invention than the improved invention have wider general range. For concept generalization or parallel selection summary of claims, this generalization is supported by the manual should be reviewed. If applicants speculate content summary of claims, but the effect is difficult to determine in advance and evaluation, it shall be deemed that generalize beyond the scope of manual open. If claims of General and skilled technicians in the field is reason to suspect that the Superior General or side by side summary contains one or more subordinate concept or method does not resolve the invention or utility model to solve technical problems, and to achieve the same effect, it should be that the specification of a claim has not been supported.

    For these cases, the examiner should be based on the 26th of the patent law provisions of the fourth paragraph, on the grounds of claims not supported by the manual, require an applicant to modify the claim. For example, for "with high frequency power effect material of method" such a general more wide of right requirements, if manual in the only to out a "with high frequency power from gas in the dust" of implementation way, on high frequency power effect other material of method not for description, and belongs technology field of technicians also to advance determine or evaluation high frequency power effect other material of effect, is the right requirements was think not get Manual of support.
    Again as, for "control frozen time and frozen degree to processing plant seed of method" such a general more wide of right requirements, if manual in the only records has applies Yu processing a plant seed of method, not involved other type plant seed of processing method, and gardening technology personnel also to advance determine or evaluation processing other type plant seed of effect, is the right requirements also was think not get Manual of support.

    Unless the statement also noted that the plant seeds and other plant seeds, or embodiment of the documented enough, allowing technicians to know how to use this method of dealing with plant seeds can only be that the specification of a claim has been supported. For a generally wide and the entire product or the whole machinery-related claims, if the manual has good support, and there is no reason to doubt the invention or utility model cannot be implemented within the scope of the claim, then, even if the claims a wide range is also acceptable. But Dang manual in the to out of information not full, belongs technology field of technicians with General of experiment or analysis method not enough to put manual records of content extended to right requirements by said of protection range Shi, review member should requirements applicants made explained, description belongs technology field of technicians in manual to out information of based Shang, can easy to will invention or practical new extended to right requirements of protection range; or, should requirements applicants limit right requirements.

    For example, for "to change the properties of a synthetic resin molding method" claim, if it involves only the embodiment of thermoplastic resins in the specifications and the applicant could not prove the method is also applicable to thermosetting resins, so applicants should have the right to request restrictions in the context of thermoplastic resins. Usually, product claims, should try to avoid using the function or effect feature to limit the invention.

    Only in a certain technical characteristics cannot be qualified by structural characteristics, or the technical characteristics structure of qualified than function or effect to more appropriately qualified, and the functions or effects, through instruction in the experiment or operation or the technology used in the field of means, directly and positively verified cases, use function or effect feature to limit the invention may be allowed. For claims contained in the functional qualification of technical characteristics, should be understood as covering all to achieve the implementation of the function. Containing the functional characteristics of qualified claim should be examined whether the functional limit supported by the manual. If right requirements in the qualified of function is to manual implementation cases in the records of specific way completed of, and belongs technology field of technicians cannot clear this function also can used manual in the not mentioned of other alternative way to completed, or belongs technology field of technicians has reason suspected the function sex qualified by contains of a or several way cannot solution invention or practical new by to solution of technology problem, and reached same of technology effect,

    Claims shall not cover those other alternatives or does not resolve the invention or utility model technical problems limiting the functionality of. In addition, if only in a vague manner in the manual describes other alternatives could also apply for skilled technicians in the field, but, it is not clear what the alternatives are, or how to use these alternatives, the functionality in the claim limit is not allowed.

    In addition, the purely functional specification of a claim is not supported, so it is not allowed. While in determines whether the claims be supported by the description, all details in the should be taken into account, not only limited to specific parts of the content.

    If other parts of the specification are also recorded on specific implementation or embodiment of the contents, all details in the from view, can explain the claim summary is appropriate, you should think that claims the support of instruction. Including independent claims and dependent claims or claims of the different types of claims, need to judge one by one the claims are supported by the description.

    Independent claims the support manual does not mean any dependent claim must also be supported; method of claim the support manual also does not mean that product claims must be supported. Technical solution when required to protect part or all of the contents in the claims of the original application has been recorded in the book when there are no records in the specification, to allow the applicant to be added to the manual. But claims there is consistency in the technical solutions in the manual, does not mean that claims must be supported by the description.

    Only skilled technicians from instruction in the field of open content obtained or concluded from that claim to protect the technical programme, the documented claims of the technical solution is considered to be a description of support. 26.

    4 3. 2.

    2 clear

    Clarity of the claims, to determine the scope of the invention or utility model protection is extremely important.

    The claims should be clear, refers to each of the claims should be clear, the second refers to all claims constitutes a claim as a whole should be clear. First of all, each of these types of claims should be clear. Subject of claim should have names that clearly indicate that the type is a product claim or of the claims is the method of claim. Vague topic names are not allowed, for example, "... ... Technology ", or in the name of the subject of a claim contains both products and methods, for example," ... ...

    Products and a method of manufacturing. "

    The other hand, claims topic names should also be compatible with the technical content of the claims. Product claims apply to product invention or utility model, and should normally be described in terms of structural characteristics of the product. Under special circumstances, when a product claims to one or more technical features when it fails to clearly characterize structural characteristic, allowed by physical or chemical parameters characterizing when unable to structure characteristics and parameters to be used when clear characterization, permitting testimony to feature representation.

    When you use the characterization parameters, parameters must be used by skilled personnel according to the instructions in the field of guidance or by owning stock in the technology sector can be clearly and reliably determined.

    Method of claim apply to inventions, process should normally be used, operating conditions, procedures, or processes such as technical features description. Use rights belong to the method claims. But it should be noted from the written language of the claims right to use separate requirements and product claims.

    For example, "use of compound x as insecticides" or "compound x as an insecticide application" is the claim, which belongs to the method of claim, while "pesticides made with compound x" or "insecticide containing compound x", the right to use is not required, but the product claims. Secondly, each claim to determine the scope of protection should be clear. Claims should be based on the scope of protection be interpreted with the meaning of the words. Under normal circumstances, claims in the word should be understood as meaning of relevant technical areas typically have. In certain cases, if the instructions specified in a term with a specific meaning, and used the term due to the specification of the scope of protection of the claim to the term's description but is qualified enough, such cases are allowed.

    But should also require the applicant to modify claims as possible, according to the stated clearly what is meant. Meaning uncertain term shall be used in the claim, such as "thick" and "thin", "strong" and "weak", "high", "draconian" and "a wide range" and so on, unless such term has established the exact meaning in a particular technology area, as amplifiers in the "high-frequency".

    Has no accepted meaning of the term and, if possible, select the recorded instructions that replace the more precise wording of these uncertain terms. May not appear in the claims "for example", "best", "in particular", "if necessary," and other similar expressions. Because such terms in a claim defining the different scope of protection, protection is not clear.

    When claims appear in a superordinate concepts followed by a subordinate concepts introduced by those terms shall require the applicant to modify the claim, allowing it to retain one in the claim, or will they be qualified in two claims. In general case, the claims shall not be used in the "about", "close", ",", "or the like" and other similar expressions, because such terms usually makes the scope of the claims is not clear.

    When claims appear in such terms, the inspector should be specific circumstances the use of the phrase is causing the claim unclear, if not, what is allowed. In addition to drawings or chemical formulas and mathematical expression in the parentheses used in beyond claims should avoid using brackets, so as to avoid claims is not clear, for example, "(concrete) moulded brick". 

    However, parentheses are allowed with the generally accepted meaning, such as "(meth) acrylate", "10%~60% (weight) of a". Finally, all claims constitutes a claim as a whole should also be clear, this refers to a reference between claim should be clear (see 3rd of this chapter. 1. 2 and 3. 3.

    2 section). 26.

    4 3. 2.

    3 Summary Claims should be brief, refers to each claim should be brief, the second refers to all claims constitutes a claim as a whole should also be brief.

    For example, a patent application may not appear in two or more similar claim is essentially the same as the scope of protection. The number of claims shall be reasonable.

    Claims and allow a reasonable number of qualified invention or utility model of optimum technical solution dependent claims.

    Claim statement should be brief, in addition to recorded technical characteristics, shall not cause or reason for unnecessary description shall not contain any commercial advertising diction.

    In order to avoid unnecessary repetition of the same content between claims and in may cases, claims should be referenced in the former form of the claims. 3.

    3 the right to demand written provisions of

    Is the scope of protection of the claim by the recorded claim that all of the content as a whole is limited, so at the end of each claim is allowed only in the period. Rule 19.

    2

    Claims there are several claims, shall be numbered with Arabic numerals. Rule 19.

    3 Technical terms used in the claims shall be consistent with the terminology used in the manual. Claims can have chemical or mathematical formula, but without illustrations. Except it is absolutely necessary, a claim shall not be used in "instructions ... ... Described in section "or" figure ... ... As shown in "and other similar expressions. Absolutely necessary is when the invention or utility model relating to a particular shape can only qualify when you cannot express it in words with graphics, claim you can use "figure ... ...

    As shown in "and other similar expressions.

    Claims usually are not permitted to use the table, unless you use the table to more clearly characterizes the invention or utility model protection theme. Rule 19.

    4 Technical features in a claim can refer to specification drawings corresponding tag to help understand the claims recorded in the technical proposal. However, the tag should be enclosed in parentheses, placed behind the corresponding technical features.

    Reference signs shall not be construed as the right to demand limits the scope of protection. In General, a claim for a paragraph.

    But when the more technical features, content and relationships more complex, with punctuation to express it clear, a claim can also use branch or small pieces of description. Typically, open claims should use "includes", "including", "mainly by ... ... The composition "expression, interpreted can also contain the claim does not address structural component or method steps. Closed claims should be adopted "by ... ...

    Formed "expressions, it generally construed as not containing the structure of the claims other than those mentioned in part or method steps. Under normal circumstances, claims included in a range of values, the numeric range to the mathematical expression, such as "≥ 30 degrees", ">5" and so on.

    In General, "greater than", "less than" and "more than" understood as not including the number "upper" and "lower", "within" are understood to include this number. The support manual cases, allowed claims of the invention or utility model for general qualifications.

    In General, summarized in the following two ways: (1) superior concept generalization. For example, using "laser" summarized a helium-neon laser, argon-ion lasers, carbon monoxide lasers, carbon dioxide lasers, and so on. And, as with "C1 – C4-alkyl" generally methyl, ethyl, propyl or butyl.

    Again, the "belt drive" generally flat belts, v-belts and toothed belt drive, etc. (2) choose to summarize with a tied, that is, "or" or "and" side by side will choose specific features. For example, "features a, b, c or d".

    As another example, "consists of a, b, c and d, select a material substance composed of groups". Side by side when you select to summarize, is tied to choose content of the summary should be equivalent, contents of the concept may not be summarized, use "or" tied and subordinate concepts. In addition, select summary of definition was parallel, meaning should be clear.

    For example, "a, b, c, d, or similar objects (equipment, method, material)" in this description, "like" this concept is unclear, not concrete objects or methods (a, b, c, d), side by side. 3. 3.

    1 written provisions of the independent claim

    According to the provisions of the article 21st of the implementing regulations of the patent law, independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, in accordance with the following form:

    (1) a preamble portion: indicating the required protection of the invention or utility model technical solutions the theme name and invention or utility model topics in common with the closest prior art the essential technical features;

    (2) a characterizing portion: "characterized by......" or similar expressions, identify invention or utility model is distinguished from the closest prior art, technical features, together, these features and the characteristics of the preamble stated, limited scope of protection of the invention or utility model. Article 21st of the implementing regulations of the patent law provides that an invention or utility model shall have only one independent claim, and write to the same invention or utility model before the dependent claim.

    The intention of this provision is to make claims on the whole more clearly and briefly. Independent claim in the preamble, the invention or utility model subject and the closest prior art technical features necessary for total, refers to the protection of the invention or utility model technical solutions and the closest prior art document common technical features.

    In appropriate cases, choose the one with the invention or utility model for the protection of the subject closest to the existing technical documentation of "delimitation". Independent claim in the preamble, in addition to state requirements protecting inventions or utility technology program theme names, only stated that with the invention or utility model technical features necessary for technology programme closely, there are. For example, one relating to the invention of the camera, the essence of the invention lies in the improvement of camera shutters shutters, which claims the preamble as long as written "with a camera, including cloth-curtain shutter......", does not require other shared characteristics, such as the lens and viewfinder camera parts are written in the preamble.

    Features part of the independent claim, shall record the essential technical features of the invention or utility model and the closest prior art the difference between different technical features, these technical features together with the technical features in the preamble portion, constitutes all essential features of the invention or utility model, qualified independent claim of protection.

    Independent claims the purpose of writing in two parts, is to make the public see more clearly which of all the technical features of the independent claim is the invention or utility model and the technical features common to the closest prior art, which is the invention or utility model the characteristics of which distinguish it from the closest prior art. Under the terms of the 21st article of the implementing regulations of the patent law, the nature of the invention or utility model does not apply to written in this way, an independent claim can also be no preamble portion and a characterizing portion.

    For example the following:

    (1) ground-breaking invention;

    (2) by several States as known technical combination of the invention as a whole, the essence of their own inventions in the combination itself;

    (3) improvement of known invention, improvement is omitted certain substances or materials, or use of a substance or material instead of the other substances or materials, or omit a step;

    (4) the known invention to improve that system parts replacement or changes in their mutual relations. 3. 3.

    2 written provisions of the dependent claims

    Under the terms of the 22nd article of the implementing regulations of the patent law, invention or utility model has the dependent claim shall include a reference portion and a characterizing portion, in accordance with the following form:

    (1) a reference portion: indicating the claim number and subject name;

    (2) a characterizing portion: stating the additional technical features of the invention or utility. Rule 22.

    2 Dependent claim can only refer to the preceding claim or claims.

    Refers to two or more claims more of the dependent claims in the alternative only refer to the claim before, and not, as is referenced by another multiple dependent claim based, that is, after the multiple dependent claims shall not refer to the preceding multiple dependent claims. Reference part of the dependent claim shall include references to the stated number, followed by repeated references to the stated topic name.

    For example, a dependent claim shall be made in the reference section: "according to claim 1 the metal fiber drawing device......."

    Multiple dependent claims refer to the dependent claim which refers to two or more claims, and reference multiple dependent claims, including independent claims and references before the dependent claims, as well as several dependent claims refer to the preceding. When the dependent claim is when multiple dependent claims, which references claim numbers should be used "or" or "or" synonymous alternative reference expression.

    For example, dependent right requirements of reference part wrote following way: "according to right requirements 1 or 2 by said of......"; "according to right requirements 2, and 4, and 6 or 8 by said of......"; or "according to right requirements 4 to 9 in the any a right requirements by said of......". A reference to two or more claims of multiple dependent claims shall not serve as a reference basis for multiple dependent claims.

    For example, right requirements 3 for "according to right requirements 1 or 2 by said of camera focusing device,......", if more items dependent right requirements 4 wrote "according to right requirements 1, and 2 or 3 by said of camera focusing device,......", is is not allows of, because was reference of right requirements 3 is a items more items dependent right requirements. Qualified part of the dependent claim can claim before (independent claim or dependent claims) in defining the technical characteristics.

    The first independent claim by two parts written, and subsequent dependent claim can further define the features of the independent claim in the features section, or you can further define your features in the preamble.

    Directly or indirectly from belonging to a separate claim of all dependent claims should be written in the wake of this independent claims, before another independent claims.

    Chapter III novelty 1.

    Introduction According to the 22nd article of the patent law provides that patenting of inventions and utility models must possess novelty, creativity and practicality.

    Therefore, patented inventions and utility models with new patent was granted one of the necessary conditions. 22.

    2 2.

    The concept of novelty

    Novelty refers to the invention or utility model does not belong to the prior art; nor is there any units or individuals for the same invention or utility model applications prior to the date of application to the Patent Office and recorded after the filing date (date of application) patent application published or announced patent documents in document. 2.

    1 existing technology According to the 22nd of the patent law provisions of the fifth paragraph, prior art refers to the date of application technology previously unknown to the public at home and abroad.

    Existing technology, including at the time of application (priority, the priority date) previously published in domestic and foreign publications, at home and abroad, used or otherwise known technologies.

    Existing technology should be applied for before the date of the public to know the technical content.

    In other words, the prior art shall, before the date of filing is to provide public access to State and contain to make the public known that substantial technical knowledge of content. It should be noted that technical content does not belong to an existing technology under wraps.

    The so-called secret, including not only bound by the secrecy provisions or agreements, include social concepts or business practices are supposed to take on the obligation of confidentiality, that tacit secrecy case.

    However, if the person who is obligated to keep secret in violation of regulations, agreement or understanding to reveal the secret, technical public and enable the public to know these technologies, these technologies form part of the prior art. 2. 1.

    1 time limit Time limits is the filing date of the prior art, enjoy a right of priority, the priority date.

    Broadly speaking, before the date of filing open technical content belong to the prior art, but open on the day of the date of filing technical content is not included within the scope of existing technology. 2. 1.

    2 open

    Existing open manner, including publication open, using the open and open three in other ways, without geographical restrictions. 2. 1. 2.

    1 publication open

    Patent law refers to the publication in the sense of recording technology or design exists independently of the content of communications carriers, and should show that or other evidence in support of its publication or publication time. Meet above meaning of publications can is various printing of, and typing of paper pieces, for example patent literature, and technology magazine, and technology books, and academic papers, and professional literature, and textbooks, and technology manual, and official announced of Conference records or technology report, and newspaper, and products sample, and products directory, and advertising publicity book,, also can is electricity, and light, and magnetic, and photography, method made of audio-visual information, for example microfilm, and film, and photography film, and videos, and tape, and records, and CD,, also can is to other form exists of information,

    Such as exist on the Internet or other online databases, and more. Publications are not affected by geographic location, language, or access restrictions are not subject to time limits.

    Publications published volume, if anyone read the applicants, whether they knew it was irrelevant.

    With "inside information", "internal circulation", the words "publication, is issued in a specific context and requirements for confidentiality, do not belong to an open publication. Publications printed as a public day, except there was other evidence to support its open day.

    Printing only state clearly the date or year, the last one month to write or wrote on December 31 of the year for an open day.

    Reviewers considered publications to date where there is public, you can request proof of the author of the publication. 2. 1. 2.

    2 use an open

    Technology program open due to use, or lead to technical programmes in the public can reach a State, which openly called the open. Public includes the ability to inform the public that the technical elements of manufacturing, using, selling, importing, Exchange, gift, presentation, exhibition, and so on. As long as the way will give relevant technical elements in the public wants to know that State is made using open, and does not depend on whether the public.

    However, has not given any instructions on technical content, skilled technicians in the field do not know the structure and function of products or materials shown, do not belong to the public. If you are using is a product of the public, even if the product or device requiring destruction only to know its structure and function, still belongs to the public.

    Moreover, the use of public or included at the booth, Windows can read public information and Visual information, such as posters, drawings, photographs, samples, samples, and so on.

    Using open to public to know that the product or method for an open day on the date. 2. 1. 2.

    3 otherwise open Unknown to the public in other ways, mainly of oral disclosure, etc. For example, oral conversation, reports, seminar presentations, broadcast, TV, movies, and to acquaint the public technical content. Verbal communication, report to date of its statement, seminars for the public.

    Public receives reports of broadcasting, television or cinema, with its broadcast day open day. 2.

    2 collision application According to the 22nd article of the patent law provides that in the judgment of novelty of the invention or utility, by any units or individuals for the same invention or utility model at the time of application to the Patent Office before and after the filing date (date of application) published patent application filing date or announced patent documents undermine the novelty of patent applications made by.

    Describes simple, when in determining the novelty, will this damage the novelty of patent applications, called collision application.

    Inspectors retrieved should note that applications for determining whether a conflict exists, not only to check out the earlier claims of a patent or patent application, and you want to check out the specifications (including photos), should be based on the text content prevails.

    Collision application also includes the following conditions are met to enter the national phase in China, international patent application, that is, before the date of filing by any units or individuals, and after the date of filing (including filing date) published or announced by the Patent Office and international patents for the same invention or utility model applications.

    In addition, the subject application is filed only before the date of filing, not included in the filing date concerning the same invention or utility model patent application. 2.

    3 documents

    To determine whether the invention or utility model novel or creative and other referenced files, including patent documents and non-patent documents, collectively known as the compared files.

    Because the Inspector General during the substantive examination phase is not known at home and abroad, used or otherwise known to the public, so, in the documents referenced in the substantive examination procedure mainly publications.

    Reference documents can be a part of, can also be a number; content can be referenced by the entire contents of each of these documents, can also be a part of the contents. Compare files is an objective technical data. Referenced documents to determine invention or utility of novelty and inventive step, and so on, should compare files publicly technical content shall prevail. Includes not only the technical content clearly documented in the contents of the documents, but also for skilled technicians in the field, implied and direct manner, is without doubt the determination of technical content. However, should not be compared to expand or reduce the contents of the file. In addition, documents including drawings, can also refer to the attached map.

    However, the inspector must be referenced drawings in attention, only able to directly from drawings, is without doubt the determining technical features belonging to an open content, by the presumed content of the drawings, or no text description, just from the measured size of the drawings and their relationship should not be as exposed content. 3.

    Review of the novel

    The invention or utility model patent application is novel, be considered only after a in its utility. 3.

    1 review

    When examining the novelty should be judged based on the following principles:

    (1) the same invention or utility model Was review of invention or practical new patent application and existing technology or application recently by any units or personal to Patent Office proposed application and in application future (containing application day) announced or announcement of (following referred to application prior announced or announcement in Hou of) invention or practical new of related content compared, if its technology field, and by solution of technology problem, and technology programme and expected effect essentially same, is think both for also of invention or practical new. Need note of is, in for novel sex Judge Shi, review member first should judge was review patent application of technology programme and compared file of technology programme whether essentially same, if patent application and compared file public of content compared, its right requirements by qualified of technology programme and compared file public of technology programme essentially same, belongs technology field of technicians according to both of technology programme can determine both can applies Yu same of technology field, solution same of technology problem, and has same of expected effect,

    Are considered for the same invention or utility model. (2) a single comparison
    Judge novel sex Shi, should will invention or practical new patent application of the right requirements respectively and each items existing technology or application prior announced or announcement in Hou of invention or practical new of related technology content separate to for compared, shall not will its and several items existing technology or application prior announced or announcement in Hou of invention or practical new content of combination, and or and a copies compared file in the of more items technology programme of combination for compared. That is, judging invention or utility model patent application the novelty for the principle of a single comparison. And creative judgment of the invention or utility model patent application method is different (see the fourth chapter 3rd.

    Section 1). 3.

    2 review of benchmarks

    Judge the inventions or utility models there is no novelty, 22nd article should be based on patent law as a benchmark.

    To help understand the reference and novelty judgment given following several common scenarios. 3. 2.

    1 is the same as the contents of the invention or utility model If protection of the invention or utility model and the technical content of documents exposed by exactly the same, or just simple text transformation, then the invention or utility model does not possess novelty. In addition, should be understood to include the same content directly from the documents, is without doubt the determination of technical content. For example a invention patent application of right requirements is "a motor rotor core, by said core by ND Iron Boron pm alloy made, by said ND Iron Boron pm alloy has Quartet crystal structure and main phase is Nd2Fe14B metal between compounds", if compared file public has "used ND Iron Boron magnetic system into of motor rotor core", on can makes above right requirements lost novel sex, because the field of technicians known so-called of "nd Iron Boron magnet"

    Refers to the main phases are intermetallic compounds of Nd2Fe14B ND-Fe-b permanent magnet alloy and has a Tetragonal structure. 3. 2.

    2 (slave) concept and General (upper) concept If protection of the invention or utility model compared with the documents, the only difference is that the former uses (upper) concept, which uses specific (lower) the concept of qualified technical characteristics of a similar nature, the specific (lower) public use of the concept of (upper) qualified the concept of invention or utility model has lost its novelty. For example, compare files open a product is "made of copper", "made of metal" invention or utility model for the same product novelty.

    However, the copper's public does not make specific metals other than copper made the same invention or utility model novelty. Conversely, General (superior) public does not affect the use of the concept of specific (lower) qualified the concept of novelty of the invention or utility model. For example, documents open a product is "made of metal", and not "made of copper" invention or utility model for the same product novelty.

    And as, requirements protection of invention or practical new and compared file of difference only is invention or practical new in the selection has "chlorine" to instead of compared file in the of "halogen" or another a specific of halogen "fluoride", is compared file in the "halogen" of public or "fluoride" of public does not led to with chlorine on its for qualified of invention or practical new lost novel sex. 3. 2.

    Direct replacement for 3 stock If protection of the invention or utility model and compare file differences just belongs to the direct replacement of technology stock, is the invention or utility model does not have the novelty.

    For example, documents disclosed using screw fixation device, whose claim for protection of inventions or utility models replaced the screws of the device only bolts, then the invention or utility model does not possess novelty. 3. 2.

    4 numeric and numeric range

    If protection of the invention or utility model to value or numerical limits the scope of the technical characteristics of continuous change, such as parts of size, temperature, pressure and composition of components, technical characteristics and correlation of the remaining files are the same, then its novelty judgment shall, in accordance with the following provisions.

    (1) compared file open number or numerical falls in the above restricted technical features within a range of values, would undermine the protection of the novelty of the invention or utility model.

    "Example 1" Claims of the patent application for a copper-based shape memory alloys containing 10%~35% (weight) of zinc and 2%~8% (weight) of aluminum, allowance for copper.

    If documents disclosed that contains 20% (weight) and zinc 5% (weight) of Cu-based shape memory alloys of aluminum, these documents destroyed the novelty of the claim.

    "Example 2" Claims of the patent application for a heat treatment furnace, the arch lining thickness 100~400 mm.

    If comparing file open arch lining thickness 180~250 mm heat treatment furnace, then the documents undermine the claim of novelty.

    (2) documents open ranges with the qualified technical features of the ranges overlap or share a common endpoint, would undermine the protection of the novelty of the invention or utility model.

    "Example 1" Claims of the patent application for the production of a silicon nitride ceramic, sintering time of 1-10 hours.

    If contrast papers of silicon nitride ceramic sintering time of 4-12 hours in the production method, due to time overlaps within the scope of 4-10 hours, then the documents undermine the claim of novelty.

    "Example 2" Claims of the patent application for a plasma spraying method, 20~50kW spray gun when spraying power.

    If comparing file 50~80kW exposes gun power plasma spray method, because a common endpoint 50kW, the documents undermine the claim of novelty.

    (3) compared file open the two end points of the range of values for breach of the said qualified technical characteristics of discrete numerical and either one of the two end points of the invention or utility model has the novelty, but does not destroy the above qualified technical characteristics between the two end points of any value of the invention or utility model has the novelty.

    "For example" Claims of the patent application for a method of preparation of titanium dioxide Photocatalyst, and the drying temperature is 40 degrees, 58 ° c, 75 ° c or 100 degrees centigrade.

    If the documents disclosed the drying temperature to 40 ℃ ~ 100℃ method of preparation of titanium dioxide Photocatalyst, then the documents undermine the drying temperature is 40 degrees and the novelty of 100 ℃ to claim, but does not destroy the drying temperature was 58 degrees and 75 when the novelty of the claim.

    (4) the qualified technical characteristics values or ranges of values falling in contrast to document disclosure within the range of values and documents the endpoints of the scale of the public there is no common, documents does not undermine the protection of the invention or utility model has the novelty.

    "Example 1"

    Claims of the patent application as a piston ring for internal combustion engines, piston ring diameter is 95 mm, if comparing file discloses ring 70~105 mm diameter piston ring for internal combustion engines, the documents do not destroy the novelty of the claim.

    "Example 2"

    Claims of the patent application for an ethylene-propylene copolymer, its degree of polymerization of 100~200, if the compared file exposes the degree of polymerization of 50~400, ethylene-propylene copolymer, the documents do not destroy the novelty of the claim. About the range of values to modify the application of this part of the eighth chapter of the 5th.

    The provisions of section 2. Novelty judgment application of the compounds of the general formula relating the tenth chapter is the 5th.

    The provisions of section 1. 3. 2.

    5 contains properties, parameters, marked by preparation method and uses product claims

    Contains properties, parameters, use, preparation method thereof and other characteristics of the product claim novelty of the review should be carried out in accordance with the following principles.

    (1) contains properties, parameters, characteristics of product claims

    For these types of claims, should be given the right to demand performance, parameters are implicitly protected by the product has a specific structure and/or composition. If the performance, and parameter implied has requirements protection of products has difference Yu compared file products of structure and/or composition, is the right requirements has novel sex; instead, if belongs technology field of technicians according to the performance, and parameter cannot will requirements protection of products and compared file products district separate, is can presumption requirements protection of products and compared file products same, so application of right requirements not has novel sex, unless applicants can according to application file or existing technology proved right requirements in the contains performance, and Features products and documents in the structure and/or composition is different. For example, patent application of right requirements for with x diffraction data, variety parameter characterization of a Crystal form of compounds a,, compared file public of is crystal form of compounds a,, if according to compared file public of content, to will both of Crystal form district separate, is can presumption requirements protection of products and compared file products same, the application of right requirements phase for compared file, not has novel sex, unless applicants can according to application file or existing technology proved,

    Rights requirements for qualifying products and documents open in the crystalline morphology on different indeed.

    (2) includes electrical characteristics-product claims For these types of claims, should be given the right to demand the use of characteristics are implicitly protected by the product has a specific structure and/or composition. If the use by the inherent characteristics of the product and feature no hidden products in structure and/or composition changes, that feature qualified products product claims in relation to the comparison of file does not have a novelty. For example, for antiviral compounds x invention compared with the documents used as catalyst of compound x, while compounds x changed, but decided its essential characteristics of chemical structure and there have been no changes, for antiviral compounds x's invention is not novel. However, if the use implies the product has a specific structure and/or organization, that is, the application indicates that the product structure and/or changed, then the use as product structure and/or qualifying characteristics must be taken into account.

    For example, "lifting hooks" means only applies to structures such as the size and strength of the crane's hook, with the General angler of the has the same shape "fish hooks" compared to structures are different, they are different products.

    (3) includes preparation features of product claims For these types of claims should be taken into account whether the preparation method causes the product to have a particular structure and/or composition. If belongs technology field of technicians can concluded that the method must makes products has different Yu compared file products of specific structure and/or composition, is the right requirements has novel sex; instead, if application of right requirements by qualified of products and compared file products compared, despite by said method different, but products of structure and composition same, is the right requirements not has novel sex, unless applicants can according to application file or existing technology proved the method led to products in structure and/or composition Shang and compared file products different Or the method to bring products that differ from documents product performance so that its structure and/or composition has changed. For example, the claims of the patent application for x-methods of glass, compared file is open in y way, glass, if the two Parties prepared glass structure, shape, and composition of materials, the requested claim was not novel.

    Instead, if above x method contains has compared file in the no records of in specific temperature Xia annealing of steps, makes with the method business have of glass cup in resistance broken sex Shang than compared file of glass cup has obviously of improve, is showed that requirements protection of glass cup for preparation method of different and led to has micro structure of changes, has has different Yu compared file products of internal structure, the right requirements has novel sex. The above 3rd. 2. 1-3. 2.

    Benchmark in section 5 apply equally to the inventive step assessment comparison and judgment of such technical characteristics are the same. 4.

    Priority According to the provisions of article 29th of the patent law, the applicant in respect of the same subject invention or utility model in a foreign country for the first time within 12 months from the date of the patent application, and applications in China, in accordance with the country signed an agreement with China, or joint participation in international treaties, or in accordance with the mutual recognition of the principle of priority can be given priority.

    This priority, known as the foreign priority. 29.

    2, rule 32 Applicants on the same themes of invention or utility model in China for the first time within 12 months from the date on which the patent application is made, and is based on the invention patent application to the Patent Office for a patent for invention or utility model patent, or based on the utility model patent application to the Patent Office patent application or application for a patent for invention, can be given priority.

    This priority is known as national priorities. 29.

    1 4.

    1 foreign 4. 1.

    Foreign priority conditions for 1

    Foreign patent applications should meet the following conditions:

    (1) the applicant in respect of the same subject invention a patent application for the first time in a foreign country (hereinafter referred to as foreign applicants) in China after a patent application (hereinafter referred to as the Chinese of the later).

    (2) for inventions and utility models, China of the later date of not later than 12 months from the date of the foreign application for the first time.

    (3) the applicant applied for first national or intergovernmental organizations should be the same, China has signed agreements or joint participation in international treaties, or mutual recognition of the priority principle by States or intergovernmental organizations.

    Foreign priority of invention has nothing to do with the end result of the foreign application for the first time, as long as the application for the first time in the country or intergovernmental organizations access to determine the date of filing, as a basis for foreign priority. 4. 1.

    2 the same topic of the definition of invention 29th of the patent law referred to the same subject matter of the invention or utility model, refers to the field of technology, solves the technical problem, technical programmes and the expected results of the same invention or utility model.

    It should be noted here the same, does not appear in written records or describe exactly the same way. Reviewers should note that China qualified technical solutions in the following claims as long as records in the application for the first time in a foreign country shall be entitled to the priority of the first application, without requiring that the claims contained in the application for the first time in the book (concerning verification of the application of this part of the eighth chapter of the 4th.

    The provisions of section 6). 4. 1.

    3 effectiveness of foreign priority

    Applicants in foreign first application Hou, on same theme of inventions in priority term within to China proposed of patent application, are as a is in the foreign first application of application day proposed of, not because in priority during within, that first application of application day and in Hou application of application day Zhijian any units and personal proposed has same theme of application or announced, and using this inventions and lost effectiveness. In addition, during the priority period, no unit or individual may be on the same themes of invention patent application.

    Due to the effectiveness of priority, any unit and individual patent applications for the same subject inventions cannot be patented.

    In other words, due to the presence of foreign applications for the first time as a basis for priority, from the date of filing of the foreign application for the first time to China in application after application day by any units and individuals of the same themes of invention patent applications patent cannot be granted due to lost its novelty. 4. 1.

    4 foreign and foreign parts priority

    Under the provisions of paragraph 32nd of the implementing regulations of the patent law, the applicant in the application for a patent, may request one or more of the priority requirements of multiple priorities, that application of the priority period calculated from the earliest priority date.

    On priority and certain overseas foreign priority rules are as follows.

    (1) number of priority of the patent application shall comply with the patent law of 31st and 34th on a single provision of the implementing regulations of the patent law. (2) as a priority of foreign applicants can be based in different countries or intergovernmental organizations. For example, China in Hou application in the, records has two a technology programme a, and b, which, a, is in France first application in the records of, b is in Germany first application in the records of, both are is in China in Hou application of day yiqian 12 months within respectively in France and Germany proposed of, in this situation Xia, China in Hou application on can enjoys more items priority, that a, enjoys France of priority day, b enjoys Germany of priority day. If a and b are two technical solutions to choose from, the applicant "or" structures a and b recorded in China in the later claims, if the later can also enjoy a number of priorities, which have a different priority date. However, if one of the later records of the technical program is composed of two or more than two applications for the first time in a foreign country are recorded in different technical characteristics combined, does not enjoy the right of way.

    For example, China in Hou application in the records of a items technology programme is by a pieces foreign first application in the records of features c and another a foreign first application in the records of features d combination and into of, and contains features c and d of technology programme not in above two pieces foreign first application in the records, is China in Hou application on cannot enjoys to this two pieces foreign first application for based of foreign priority. (3) foreign priority applications, besides as a basis for foreign priority applications recorded in the technical programme, the programme can also include one or more of the new technology. For example China in Hou application in the except records has foreign first application of technology programme outside, also records has on the technology programme further improved or perfect of technology programme, as increased has reflect manual in the added implementation way or implementation cases of dependent right requirements, or increased has meet single sex of independent right requirements, in this situation Xia, review member shall not to China in Hou application of right requirements book in the increased of technology programme not in foreign first application in the records for reason, refused to give priority right, or will its dismissed, Should be requested in the application after the China and foreign inventions of the same theme given priority in the application for the first time, the effective date is the filing date of the foreign application for the first time, the priority date, the rest to China after the date of filing of the application.

    The China in the later part of the technical program to enjoy foreign priority, so called the foreign part of the priority. 29.

    2 4.

    2 domestic priority 4. 2.

    Domestic priority conditions for 1

    Domestic priority of the patent application shall meet the following conditions:

    (1) applies only to the invention or utility model patent application;

    (2) applicants on the same themes of invention or utility model patent application for the first time in China (hereafter referred to as China's first application) and to submit the patent application to the Patent Office (hereinafter referred to as the Chinese in the post);

    (3) the later date of not later than 12 months from the date of the application for the first time in China. Rule 32.

    2 theme by China claims the right of priority if the earlier application has any of the following circumstances, not as a basis for requirements of domestic priority:

    (1) has claimed foreign or domestic priority, but asked for a foreign or domestic priority does not have priority except;

    (2) the patent has been granted;

    (3) is submitted in accordance with article 42nd of the implementing regulations of the patent law of the divisional application.

    It should be noted that when applicants request their priority, as a national priority in China based on the application for the first time since China in the post-date of submission of the application shall be deemed withdrawn. 4. 2.

    2 definition of the invention or utility model for the same theme This chapter shall apply to the 4th. 1.

    The provisions of section 2. 4. 2.

    3 the effectiveness of national priority Reference this Chapter 4th. 1.

    Corresponding provision in section 3. 4. 2.

    Part 4 national priorities and national priorities Article 32nd of the implementing regulations of the patent law applies not only to foreign priority section, also applies to national priorities.

    Section on national priorities and national priorities as follows:

    (1) number of priority of the patent application shall comply with the patent law of 31st and 34th on a single provision of the implementing regulations of the patent law. (2) an application for China is recorded in more than one technical solution.

    For example, recorded three options a, b and c, respectively in the three recorded China's first application, then the application after China may claim multiple priorities, namely a, b, c respectively, with its filing date priority date of the application for the first time in China.

    (3) an application recorded in the Chinese technical solution a and embodiment of A1, A2, A3, only A1 in China for the first time recorded in the application, then the A1 can enjoy domestic priority in Chinese of the later and the rest were not entitled to national priorities. (4) an application recorded in the Chinese technical solution a and embodiment of A1 and A2.

    Embodiment of the technical solution a and A1 has been recorded in the application for the first time in China, then in the later technical solution a and embodiment of the A1 can enjoy a domestic priority, embodiment of A2 is not entitled to national priorities. It should be noted that this programme a requirement of situations in technology protection embodiment A1 support alone is not enough when applicants in order to make the programme a support can complement embodiment of A2.

    However, if A2 in China was at the time the application for existing technologies, you should remove the A2, and a limit in the range supported by the A1. (5) following China's application for the first time, and after the later, the applicant put forward after the second application.

    China first applied technology programmes were recorded in A1; technology was first documented in a later scenario A1 and A2, A1 has enjoyed a priority of China's first applications; second of the later records the technology scenario A1, A2, and A3.

    After the second application, scenario A2 can be requested after the first of the priority; for scenario A1, as the first of the later A1 has been given priority in the programmes, thus couldn't ask for after the first of the priority, but may require applications for China's first priority. 5.

    Does not lose its novelty grace period

    24th of the patent law provides that the invention before the date of filing of the patent within six months, any of the following circumstances, does not lose its novelty where: Rule 30. 1.

    2

    (A) an international exhibition sponsored or recognized by the Chinese Government on display for the first time;

    (B) first published in prescribed academic or technological meeting;

    (C) by any person without the consent of the applicant disclosure of its contents. On the above review of the three kinds of application of chapter I of part I of this guide 6th.

    The provisions of section 3. The invention before the date of filing of the patent within six months, 24th in the patent law stipulates that one of the three scenarios, the application does not lose its novelty. Three cases do not affect the application of existing technology.

    The said six-month period, known as the grace period, or period. Grace period and the effect of priority is different. It is only the applicant (including the inventor), certain public, or a third party from the applicant or inventor to lawful means from inventions or illegal means, certain public, that was without prejudice to the novelty and inventiveness of patent applications open. In fact, inventions after the public had become prior art, only public within a certain period the applicant's patent application is not deemed to affect its novelty and creative technology currently available is not open innovation we've seen as the filing date of the patent application. So, open the period between the date of application, if the third party independently made the same invention, and applicants of patent applications previously filed a patent application, according to the first-to-file principle, the applicant could not be patented.

    Of course, since applicants (including inventors) open to make the invention becomes existing technology, so third party applications no novelty, cannot be patented. Patent law article 24th of any situation within six months from the date, put forward by the applicant before applying invention-creation is open again, as long as the public does not belong to the above three conditions, then the application will be due after the open and novelty.

    Record, once again, fall within the above three cases, the application would not lose its novelty, however, grace since the invention and the date on which the first public. Rule 30.

    4

    Patent applications is 24th of the patent law (c) said, if necessary, may require the applicant to file the statements made by the Patent Office confirmed that the said date and substance. Rule 30.

    5 Applicant fails to 30th article of the provisions of the implementing regulations of the patent law to make a statement and submit supporting documents (see chapter I of part I of this guide 6th.

    Section 3), or not in accordance with the implementing rules of the patent law article 30th fourth paragraph submit certifying documents within the specified period, the application not covered by the patent novelty grace period provided for in the 24th.

    Apply on 24th of the patent law dispute, arguing that the party has the responsibility to effect under burden of proof or convincing description.

    Method 9 6.

    Processing of the same invention Nineth patent law provides that the same invention can only be granted a patent.

    Two or more applicants of patent applications for the same invention, patents are granted first to the person applying. This provision establishes the principle of patenting of cannot be repeated.

    Against the same inventions granted patents, is to prevent conflicts between the rights.

    For invention or utility model, the 41st of the Nineth of the patent law or patent law implementation rules as described in the "same invention" refers to two or more than two applications (or patent) protection in the same claim.

    Constitute a collision application or the earlier application has been publicly constituted prior art, second to third under patent law, 22nd section, rather than according to Nineth of the patent law to the patent application (or patent) for review. 6.

    1 judgment principles 59th article of patent law, invention or utility model patent protection for its claim of subject content, content of the description and the drawings may be used to interpret the claims.

    In order to avoid duplication of mandates when judging whether or not the invention, should be two pieces of the invention or utility model patent application or patent claim compares the contents of the book, rather than claims of patent application or patent the entire contents of the file are compared.

    When a patent application or a patent claim and the other a patent application or a claim of a patent protection scope, should think of them as the same invention. Two patent application or the specification of a patent the same content but different demands for protection of their rights, should be considered for the protection of inventions is different. For example, the specification of the two patent applications submitted by the same applicant have been documented in a product and method for manufacturing the product, one of the requirements of the claims of the patent application document protects the product, other patent application claims to protect is the method of manufacture of the product, should be considered to protect different inventions. It should be noted is that claims only partially overlaps the scope of protection, not part of the same invention.

    For example, claims there is a continuous range of values for qualified technical characteristics, its continuous numerical range and the other a patent for invention or utility model application or patent claims in the range of values are not identical, do not belong to the same invention. 6.

    2 way 6. 2.

    1 processing of the two patent applications 6. 2. 1.

    1 same as applicant In the process of review for the same applicant on the same day (of a filing date, priority date of priority) made in respect of the same invention two patent applications, and these two application meets the other conditions of the patent right may be granted, shall inform the applicant in both applications to select or modify. Expiry of the applicant does not reply, the appropriate application will be considered withdrawn.

    After the applicant has comments or amendments still do not meet the requirements of patent law article Nineth, both applications were dismissed. 6. 2. 1.

    2 the applicant is different During the review process, for different applicants the same day (refer to the filing date, priority date of priority), on the same invention patent applications respectively, and both of these application meets the other conditions of the patent right may be granted, shall, in accordance with article 41st of the implementing regulations of the patent law, the provisions of paragraph, notify the applicant themselves to determine the applicants.

    Expiry of the applicant does not reply, the application will be considered withdrawn through consultation, or after the applicant comments or amendments still do not meet the requirements of patent law article Nineth, both applications were dismissed. 6. 2. 2 processing of a patent application and a patent
    In the course of the examination of a patent application for the same applicant on the same day (of a filing date, priority date of priority) made in respect of the same invention, a patent application has been granted a patent, and has not been authorized by the patent application complies with the other conditions of the patent right may be granted, it shall notify the applicant for modification. Expiry of the applicant does not reply, the application will be considered withdrawn.

    After the applicant has comments or amendments still do not meet the requirements of patent law article Nineth, shall reject the patent application. 9. 1 and rule 41.

    2 However, for the same applicant on the same day (refers only to the date of application) on the same invention applications for utility model patents, utility model patent obtained prior has not been terminated, at the time of application and the applicant respectively accounted for, except by modifying the application for patent for invention, but can also give up patent to avoid duplication authorization. Therefore, in the process of review of the invention patent application, if the patent application complies with the other conditions of the patent right may be granted, it shall notify the applicant to select or modify, the applicant choose to give up already granted utility model patent shall reply to the notice of review, attach a written statement giving up patent.

    At this time, that meets the licensing conditions that have not been authorized by the patent application, shall issue a notice of authorization, and to abandon this go to review a written statement of the patent Department, be registered and announced by the Patent Office, indicate on the notice the utility franchises terminated from the date of announcement of the grant of patent.

    The fourth chapter of creative 1.

    Introduction According to the 22nd article of the patent law provides that patenting of inventions and utility models must possess novelty, creativity and practicality. An application for a patent of invention patent and utility models with creative was awarded one of the necessary conditions.

    This chapter provides for the invention of creative review only. 2.

    The concept of inventive step 22.

    3

    Invent creativity refers to in comparison with the prior art, the invention has prominent substantive features and significant progress. 2.

    1 existing technology Patent law 22nd prior art referred to in article, refers to the 22nd article fifth of patent law and chapter III of this part of the 2nd.

    As defined in section 1 of the prior art.

    22nd of the patent law mentioned in the second paragraph, before the date of filing by any units or individuals have submitted to the Patent Office application and document published after the filing date of the patent application or announced patent documents in the content, not part of the prior art and, therefore, not considered in the evaluation of inventions. 2.

    2 prominent substantive features Invention has prominent substantive features, refers to the field of technology and technical personnel, relative to existing technology is the invention obvious.

    If the invention belongs to the technical field technicians on the basis of existing technologies through logical analysis, reasoning, or a limited number of tests available, then the invention is obvious, it does not have prominent substantive features. 2.

    3 notable progress Invention has made significant progress, is compared with the prior art to have a beneficial effect.

    For example, the invention overcomes the shortcomings and deficiencies in, or to solve a technical problem a different conception of technical solutions, or represent a new technology trend. 2.

    4 skilled field technicians Whether the creative, should be based on skilled technicians in the field of knowledge and abilities were evaluated. Skilled technicians in the field, also called the technicians in this field refers to a hypothetical "person", assuming he knows the application date or before the priority date of the General knowledge of the technical field to which invention belongs to all, out to all existing technologies in this field, and has the ability of conventional experimental method prior to that date, but he does not have the ability to create.

    If the technical problem to be solved can our technical personnel in other areas of technology in the field of technical means, he should have learned from the other technical areas of the application date or before the priority date of the relevant prior art, General technical knowledge and general ability to experiment.

    Set the concept of purpose, is to review standards, try to avoid reviewing the influence of subjective factors. 3.

    Inventive step of review

    A patent application is a creative, only if the invention be considered under novel conditions. 3.

    1 review

    According to the 22nd article of provisions of the patent law, examine whether the invention possess creative, should review whether the invention has prominent substantive features, should also review whether the invention has greatly advanced.

    In evaluating whether the creative,, the examiner should not only consider technical solution of the invention itself, and also consider the invention belongs to the technical areas, solve technical issues and the effect technology, the invention as a whole. With the novelty "single comparison" review of principles (see chapter III of this part of the 3rd.

    Section 1), the review of creativity, a copy or multiple copies of existing technology combines different techniques to evaluate for the protection of inventions.

    If an independent claim has the creative, no further review of the creativity of the independent claim of dependent claims. 3.

    2 review of benchmarks Evaluation of inventions have no creativity, 22nd article should be based on patent law as a benchmark.

    To help correct the benchmark, given by the following prominent substantive features of the General judging method and criterion of significant progress. 3. 2.

    1 prominent substantive features of the judgment

    Determine whether the invention has prominent substantive features and for technicians in the field, is to determine, whether a claimed invention with respect to existing technology is obvious.

    If the claimed invention with respect to existing technology are obvious, you do not have prominent substantive features and vice versa, if the comparison result shows that to protect the invention in relation to the prior art is obvious, having prominent substantive features. 3. 2. 1.

    Method 1

    Determines whether the claimed invention with respect to existing technology it is clear that usually follow these three steps.

    (1) determining the closest prior art The closest prior art refers to existing technologies and to protect the most closely related to the invention of a technical solution, which is the basis of judging whether the invention has prominent substantive features. The closest existing technology, such as can be, and to protect the same technical field of the invention, the technical problem to be solved, technical effect or the most close and/or discloses the invention of technical features the most current technology, or with the technical field of the invention of different demands for protection, but to achieve the features of the invention, and most of the technical features of the invention prior art.

    It should be noted is that when determining the closest prior art, you should first consider the technical field of the same or similar prior art.

    (2) to identify the distinctive features of the invention and invention solving technical problems

    Invented in the review should be an objective analysis and to identify practical solutions of technical problems. To this end, the analysis should first request the protection of the invention and the closest prior art than what are the distinctive features, and features technical effect can be achieved by determining the difference between invention solving technical problems.

    In this sense, invented practical solving of technical problems, is for better technical results and improvements to the closest prior art is required technical tasks.

    Review process in the, due to review member by finds of most close of existing technology may different Yu applicants in manual in the by description of existing technology, so, based on most close of existing technology again determine of the invention actual solution of technology problem, may different Yu manual in the by description of technology problem; in this situation Xia, should according to review member by finds of most close of existing technology again determine invention actual solution of technology problem. Redefine the technical problems could be the basis of the specific circumstances of each invention.

    As a matter of principle, invented by any technical effect can be as a basis for reorientation of technical problems, as long as the technicians in this field from records in the specification of the application content to know the technical effects.

    (3) judgment for technicians in this field, for the protection of inventions is obvious In this step, from the closest prior art invention and solving technical problems, judgment to protect the invention is obvious for the technicians in this field. Judge process in the, to determine of is existing technology overall Shang whether exists a species technology revelation, that existing technology in the whether to out will above difference features application to the most close of existing technology to solution its exists of technology problem (that invention actual solution of technology problem) of revelation, this revelation will makes this field of technicians in face by said technology problem Shi, has motivation improved the most close of existing technology and get requirements protection of invention.

    If prior art is this revelation, the invention is obvious, not having prominent substantive features.

    The following circumstances generally considers that prior art exists in the technical inspiration:

    (I) the distinguishing feature is public knowledge, for example, the redefinition of technical problems in the field of stock, or textbooks or reference books, such as disclosure of technical means to resolve the redefinition of technical problems.

    "For example" Claimed invention is an aluminum manufacturing building components, the technical problem to be solved is reducing the weight of building components. A comparison document discloses the same building components, and building components of lightweight materials, but did not mention the use of aluminum. And the construction standards, has made it clear that aluminum is a light material, can be used as building components. The claimed invention obvious application of aluminum are known properties of light.

    Therefore considers that prior art exists in the technology ...

    (Ii) the distinctive features associated with the closest prior art technical means, for instance, other parts of the same documents disclosed technical means, the technology in other parts of the role of and the distinctive features in the claimed invention for solving technical problems concerning the redefinition of the role of the same.

    "For example"

    For the protection of inventions is a helium leak detection device, comprising: a detection Chamber for overall leaks overall leak detection devices; to recover leaked helium recovery unit; and for specific leak detection of helium mass spectrometer leak detector, the helium mass spectrometer leak detector comprises a vacuum gun. Documents a part of 1 discloses a fully automatic helium leak detection system, the system includes: detection Chamber for overall leaks overall leakage detecting device and recycle the helium leak recovery unit. The contrast to another part of the document 1 discloses a vacuum gun helium leakage detection device, which indicates that the leak detection leak detection device can be helium mass spectrometer leak detector, here recorded the helium mass spectrometer leak detector and require protection of invention of helium mass spectrometer leak detector in the same effect.

    According to compare file 1 in another part of the guidance, the field technician can easily compare file 1 in the two programmes combined with the invention of technical solutions.

    Therefore considers that prior art exists in the technology ...

    (Iii) the distinguishing feature is a separate comparison file disclosure of technical means, the technology plays in the comparison file with the distinctive features in the claimed invention for solving technical problems concerning the redefinition of the role of the same.

    "For example" Claimed invention is provided with drainage grooves of graphite disc brakes, Groove for ruling out the water used for cleaning brake surfaces. Invention to solve the technical problem is how to remove brake impede braking due to friction on the surface of graphite dust. Compare file 1 recorded a graphite disk brake.

    Documents 2 public has for flushing in the metal disc brake dust on its surface and drainage grooves. Protected by the invention and compare file 1 differs from invention in graphite disc brake set up on the surface of the Groove, and the distinguishing features has been disclosed by the documents 2. Because of the documents referred to in 1 graphite disc brakes will have debris because the friction surface of the brakes, thus preventing brake. Documents 2 referred to a metal disc brake dust on the surface and interfere with braking, in order to solve technical problems impeding the brake, which must clear the debris, which must clear the dust, it is technical problems of a similar nature. In order to solve the graphite disc brakes brake problems, our field technicians in comparison and revelation of file 2, easy to wash, to set on the graphite disc brake grooves debris wash water discharged from the Groove. Due to the grooves in the comparison file 2 and invention to protect the grooves in the technical programmes of the same, technicians are motivated in this field will therefore compare file 1 and compare file 2 combines technical solution of the resulting invention.

    Therefore considers that prior art exists in the technology ... 3. 2. 1.

    2 identification of the sample Claims of the patent application relates to an improved internal combustion engine exhaust valve, the valve includes a body made of a heat-resistant NI-based alloy, also includes a valve head, characterized in that the parts of the valve head coated with NI-based alloy coating made of b, valve head is part of the invention to solve corrosion, high temperature technology.

    Compared file 1 public has a engine row valve, by said of exhaust valve including subject and valve head part, subject by heat nickel base alloy a, made, and valve head part of covered layer using of is and subject by with alloy different of another a alloy, compared file 1 further pointed out that, to adapted high temperature and corrosion sex environment, by said of covered layer can selection has resistance high temperature and resistance corrosion characteristics of alloy. Documents are exposed 2 relating to the technical content of the nickel-based alloy.

    Which States that nickel based alloys b harsh corrosive environments and high temperatures with excellent tolerability, the NI-b base alloy for engine exhaust valve.

    In the two documents due to compare file 1 patent application have the same technical field, technical problem solved by the same, and open most technical features of the patent application, so you can compare file 1 is considered the closest prior art. 1 the claims of the patent application and comparison of file comparison, invented to protect the technical programmes and documents 1 difference is that the invention of the valve head NI-base alloy coating specific materials are limited to b, in order better to adapt to high temperatures and corrosive environments.

    Thus it can be concluded that the invention actually solving the technical problem is how to make the exhaust valve of the engine better adapted to high temperatures and corrosive environments. According to the comparison of file 2, field technicians can clearly know the nickel-based alloys b applies to the engine's exhaust valve, and can play a role in improving corrosion resistance and high temperature resistance, which played a role in the invention of the alloy the same.

    Which, can think compared file 2 to out has can will nickel base alloy b as has resistance corrosion and resistance high temperature requirements of valve head covered layer of technology revelation, then makes this field of technicians has motivation will compared file 2 and compared file 1 combined up constitute the patent application right requirements of technology programme, so the patent application requirements protection of technology programme relative Yu existing technology is obvious of. 3. 2.

    2 notable progress judgment In evaluating whether the invention has greatly advanced, and should mainly consider whether the invention has beneficial effects.

    The following conditions should normally be considered invention has beneficial effects, with remarkable progress:

    (1) the invention has better technique than with the prior art effect, for example, quality improvement, productivity improvement, energy conservation, prevention of environmental pollution;

    (2) the invention provides a technology idea of different technical solutions, its effects can reach the level of existing technology;

    (3) the invention represented some sort of new technology trends;

    (4) despite the invention has a negative effect in some ways, but in others has obvious positive effect. 4.

    Several different types of invention inventive step assessment

    It should be noted is that classification of invention in this section is mainly based on the invention and the closest prior art characteristic of distinctive features to make, this Division is only indicative, examiners when examining applications, do not mechanically, but according to the specific circumstances of each invention to objectively judge.

    Following several different types of invention inventive step assessment examples. 4.

    1 pioneering inventions

    Pioneering invention refers to a completely new technical solutions, not precedent in the history of technology, for the development of science and technology at one time to create a new era. Compared with existing technology, pioneering invention, has prominent substantive features and significant progress, creativity. For example, China's four great inventions – the compass, paper-making, printing and gunpowder.

    In addition, as an example of pioneering inventions include: steam engine, incandescent light bulbs, radios, radar, laser, using computer Chinese character input, etc. 4.

    2 combination invention

    Combination of invention, refers to certain combinations of technical schemes, constitute a new technical solution to address existing technology objective technical problem.

    Combine inventive judgments often need to consider: technical characteristics combined features mutually support, combination of ease, prior art exists in the combination of revelation and The combined technical effect.

    (1) obvious combination

    If the claimed invention is just some well-known products or combination of methods or connected together, each in its way, and the overall effect is the sum of the combined effect, The combined technical features are functionally no interaction between, just a simple stack, this invention is not creative.

    "For example" The invention of a ballpoint pen with a spreadsheet, invented the content is known electronic table mounted on the ballpoint pen was known.

    Digital watch with ball-point pen combination, it still has their own way to their regular work, no interaction in the feature, just a simple stack, thus this combination invention is not creative.

    In addition, if the combo is just variants of known structure, or combination is within the scope of conventional technologies continue to develop, and unexpected technical effect had been made, then this combination inventions do not have creative.

    (2) non-obvious combination If combination of technical features on the features support each other and achieve a new technical effect; or The combined technical effect greater than the sum effect of characteristics of each technology is superior, this combination has prominent substantive features and significant progress, invent creative.

    Which combination of each separate technical features of the invention itself is completely or partially known does not affect the evaluation of the inventive step.

    "For example" "Cryogenic treatment process of electroless NI-p-re and the" invention, invention is known the contents of cryogenic treatment of electroless plating and in combination with each other. Existing technology in cryogenic treatment is required after using non-conventional tempering temperature of the parts to eliminate stress, stable organization and performance.

    This invention in deep cold processing Hou, on artifacts not for tempered or limitation processing, but in 80 ℃ ± 10 ℃ of plating liquid in the for chemical plating, this not only saves has by said of tempered or limitation processing, also makes the artifacts still has stable of matrix organization and wear, and resistance corrosion and and matrix combined good of coating, this combination invention of technology effect, on this field of technicians for, advance is to thought of, thus, the invention has creative. 4.

    3 select the invention

    Selection invention, refers to the wide public from existing technologies, purposefully selected the existing technology is not mentioned in narrow ranges or individual invention.

    When choosing which judging inventive, select brings unexpected technical effect is the major factor for consideration.

    (1) if the invention is only to choose from a number of known possibilities, possibilities or invention just from having the same technical solutions chosen, selected programme failed to achieve unexpected technical effect, then the invention is not creative.

    "For example"

    Prior art exists in many heating methods, an invention is known to select it using a known chemical reaction by heating electric heating method, the selection invention is not unexpected technical effect achieved, thus the invention is not creative.

    (2) if the invention is possible, limited temperature range within a specific range of sizes, and other parameters, and those choices can be performed by technicians in the field through conventional means and there are no unexpected technical effect, then the invention is not creative.

    "For example"

    The invention of a known reaction, characterized in that provides an inert gas flow rate, and velocity is calculated from the technicians in this field through the regular, and thus the invention is not creative.

    (3) if the invention is derived directly from existing technology choices, then the invention is not creative.

    "For example"

    An improvement of thermal stability of compound y inventions, compositions were characterized to determine a component of x in the y minimum levels, in fact, the content from the component x of content and thermal stability of compound y curves derived, thus the invention is not creative.

    (4) If you choose to make the invention has made unexpected technical effect, then the invention has prominent substantive features and significant progress, creativity.

    "For example" In a copies preparation sulfur generation chlorine carboxylic acid of existing technology compared file in the, catalyst carboxylic acid n amine and/or urea relative Yu raw materials sulfur alcohol, its dosage than is greater than 0, and is less than is equal to 100% (MOL); in to out of example in the, catalyst dosage than for 2% (MOL) ~13% (MOL), and pointed out that catalyst dosage than from 2% (MOL) up, produced rate began improve; also, General professionals for improve produced rate, also always used improve catalyst dosage than of approach. A method for preparing a thio chloroformate option invention, using a smaller amount of catalyst (0. 02%(mol)~0. 2% (MOL)), improving the yield of 11. 6%~35. 7%, well beyond the expected yield range, and it also simplifies the process of reactants.

    This shows that the invented technology of choice programme, produced unexpected technical effect, and thus the invention possess creative. 4.

    4 to switch to invention

    To make use of inventions, is a technical diversion of existing technology to others in the field of technical inventions in the field.

    To switch to invent creative judgment usually need to consider: technology of diversion of popular Enlightenment, diversion, and the existence of appropriate technology ease, whether you need to overcome the technical difficulties, diversion effect brought about by the technology.

    (1) if the diversion is carried over from similar or similar technologies, and produces no unexpected technical effect, the diversion of this invention is not creative.

    "For example"

    Will be used for the diversion of the supporting structure of the Cabinet to the table support, this diversion of inventions do not have creative.

    (2) If a diversion that can cause unexpected technical effect, or overcomes the technology not the difficulties encountered in the field, then switch to the invention has prominent substantive features and significant progress, creativity.

    "For example" A items submarine Deputy wing of invention, existing technology in the submarine in into water in the Shi is by weight and water on it produced of buoyancy equilibrium stay in any points Shang, rose Shi by manipulation level class produced buoyancy, and aircraft in sailing in the completely is by main wing produced of buoyancy floating in air, invention reference has aircraft in the of technology means, will aircraft of main wing for submarine, makes submarine in up Deputy wing role of can moving Board role Xia produced rose buoyancy or settlement force, to great to improved has submarine of lifting performance.

    Due to the technology used in the air into the water to overcome many technical difficulties, and the invention has achieved excellent results, so the invention possess creative. 4.

    5 new use of a known product inventions

    New use of a known product inventions, is known for the invention of new purposes.

    For new uses of known products invented creative judgment usually need to consider: new applications and existing uses technology of popular technical effects, new use, and so on.

    (1) if the new use only use the known properties of the known material, then the invention is not creative.

    "For example"

    Known as lubricating oil composition in the same technical field as a cutting agent, this invention is not creative.

    (2) if the new use is the use of a known product newly discovered properties, and thus lead to unexpected technical effect, the use of the invention has prominent substantive features and significant progress, creativity.

    "For example"

    As wood PCP formulations used as herbicides and fungicides made unexpected technical effect, the use of invention creativity. 4.

    Invention of the 6 elements of change

    Invention of the elements of change, including elements of changes in relations between invention, the invention of factor substitution and invention of the elements omitted.

    Elements usually need to consider when changing invention inventive step assessment: change of elements, elements of substitution and ellipsis is technical implications, its effects can be expected. 4. 6.

    1 invention of the elements change

    Invention of the elements change, refers to the invention and the prior art than its shape, size, scale, location and role relationship has changed.

    (1) if the change did not lead to invention elements effect, changes in functions and uses, effects, changes in function and use or invention is anticipated, the invention does not possess creative.

    "For example" Prior art discloses a dial stationary, pointer rotation type of measuring instruments, an invention is still while turning the dial pointer measuring instrument of the same kind, the differences between the invention and the prior art is only change of elements, that is, "conversion".

    This conversion does not produce unintended effects, so this invention does not have creative.

    (2) if elements of change led to unexpected technical effect in invention, the invention has prominent substantive features and significant progress, creativity.

    "For example" A study on the invention of the lawnmower, characterized the blade bevel is different from known, its angle can be guaranteed automatic grinding of blade, blades used in the prior art not in terms of the effect of automatic grinding.

    By changing elements of the invention, produced unexpected technical effect, so creative. 4. 6.

    2 invention of factor substitution

    The invention of factor substitution, refers to a known product or invention of the a element is replaced by other known factors.

    (1) if invention is same function of known means of equivalent alternative, or is for solution same technology problem, with known latest development out of has same function of material alternative public know products in the of corresponding material, or is with a a public know material alternative public know products in the of a material, and this public know material of similar application is known of, and no produced expected not to of technology effect, is the invention not has creative.

    "For example"

    A pump-related invention, in comparison with the prior art, the invention of the sources of power are hydraulic motor replace motor used in the prior art, the invention of the equivalent does not have creative.

    (2) if elements of the alternative could make the invention produces unexpected technical effect, then the invention has prominent substantive features and significant progress, creativity. 4. 6.

    Invention of the 3 elements omitted

    Elements omitted inventions refers to save a known product or method of an item or a number of elements of the invention.

    (1) if the invention can save one or they function accordingly disappeared after a number of elements, then the invention is not creative.

    "For example" A coating composition inventions, difference with the existing technology does not contain antifreeze.

    Because after canceling the use of antifreeze, antifreeze effect of the coating composition also disappeared, thus the invention is not creative.

    (2) if invention and existing technology compared, invention saves a items or more items elements (for example, a items products invention saves has a or multiple zero, and parts or a items method invention saves a step or more step process) Hou, still keep original of all function, or brings expected not to of technology effect, is has highlight of substantive features and significantly of progress, the invention has creative. 5.

    Other factors that should be considered when judging inventive Whether the creative, should normally be 3rd pursuant to this chapter. Review benchmark reviews described in section 2.

    Should be stressed that, when applications belong to the following situations, the inspector should be taken into account, inventions do not have creative conclusions should not be drawn. 5.

    1 invention solves people have been eager to solve the technical problems but failed to achieve success

    If the invention solves people has been eager to resolve the technical problems but failed to achieve success, the invention has prominent substantive features and significant progress, creativity. "For example"
    Since the own farm, has been expected to resolve in farm animals (cows) was painless and without damaging the technical aspects of animal skins to put a permanent mark, an invention based on freezing can cause animal skin coloring of this discovery and invention of a frozen "imprinting" successfully solved the technical problem the invention possess creative. 5.

    2 invention overcomes the technical bias Technical bias means within a certain period of time, in a technical field technicians to a technical problem the prevalence of awareness, deviation from the objective facts, it leads people to consider other possibilities, hindering the technology research and development.

    If this invention overcomes the technical bias, using a technical bias instead of technical means, so as to solve the technical problems, the invention has prominent substantive features and significant progress, creativity.

    "For example" For the interface between the commutator and brush of the motor, usually considered the smooth contact the better, current consumption is smaller. An invented the commutator surface roughness produced some fine lines, which current consumption less than smooth surfaces.

    This invention overcomes the technical bias, creative. 5.

    3 invention has made unexpected technical effect Invention has made unexpected technical effect, refers to the invention with the prior art than its technical effect "quality" of the changes, with new performance; or have a "quantity" of change, think beyond people's expectations. This "quality" and "quantity" changes for skilled technicians in the field, and cannot be predicted in advance, or inferred.

    When inventions generate unexpected technical effect, characterizes the invention had significant progress on the one hand, but also reflects the technical solution of the invention is obvious and has prominent substantive features, which is creative. 5.

    4 inventions succeed in business When products in the commercial success of the invention, if the direct result of this success is due to the technical features of the invention, is in part a reflection of invention has advantages, but also shows that the invention is obvious, so the invention has prominent substantive features and significant progress, creativity.

    However, if commercial success is due to other reasons, such as resulted from improvements in technology or advertising sales, it cannot be used as a basis for creativity. 6.

    When reviewing the creative problems that should be noticed

    In examining the creative invention should also pay attention to the following issues. 6.

    1 ways to create inventions Whether inventors invention is in the process of the establishment of hardships, are salivary, should not affect the evaluation of the inventive step. Most of the invention inventor crystallization of creative work, is summarized in long-term scientific research or production practice.

    However, some inventions made by chance.

    "For example" Known tyre has excellent strength and wear resistance, it used to be because of an artisan in preparation for the black rubber compounding, and decided to join the 3% caused by carbon black used the wrong 30%.

    Turns out, add 30% black rubber has produced previously unexpected strength and wear resistance, even though it is due to the negligence of the operator accidentally, but does not affect the invention possess creative. 6.

    2 avoid "hindsight" When the review of creative invention, because the Inspector is judgement until after the understanding of the invention, thus easy to invent creative estimate low, thus making "hindsight" error.

    Reviewers should keep in mind, creative evaluation of invention was invented by skilled personnel in accordance with the existing before the date of filing in the field of technology with the invention made to reduce and avoid the influence of subjective factors. 6.

    3 consideration of unexpected technical effect In a creative process, taking into account the invention's technology would facilitate the proper evaluation of the effect of creativity. In this chapter the 5th. As described in section 3, if compared with the prior art with unexpected technical effect, you do not have to doubt the technology programme with prominent substantive features, you can determine the invention possess creative. However, it should be noted is that if by 3rd of this chapter.

    The methods described in section 2, you can judge the technical solution of the invention is non-obvious to technicians in the field and can have a beneficial effect, then the invention has prominent substantive features and significant progress, creativity, this situation should not emphasize whether the invention has unexpected technical effect. 6.

    Review 4 for the protection of inventions Whether creativity is to protect the invention which, therefore, the inventive step assessment should address the right to require qualified technical solutions. The technical features of the invention contributed to the existing technology, for example, inventions produced unexpected technical effect of technical characteristics, or reflect the technical features of the invention to overcome technical bias, should be included in the claims otherwise, even documented in the specifications, evaluation of invention creativity will not be considered.

    In addition, creative judgment, should claim limit of the technique to evaluate the programme as a whole, namely, assess whether the technical solution with creative, instead of evaluating whether a particular technical features of creative.

    The fifth chapter practical 1.

    Introduction According to the 22nd article of the patent law provides that patenting of inventions and utility models must possess novelty, creativity and practicality.

    Therefore, the patenting of inventions and utility models utility patent was granted one of the necessary conditions. 2.

    Practical concepts 22.

    4

    Usability refers to the invention or utility model applications on the subject must be able to manufacture or use, and the ability to have a positive effect. Patenting of the invention or utility model, and must be able to solve technical problems and application of the invention or utility model. In other words, if the application is a product (including the invention and utility model), then the product must be in the industry can produce, and the ability to solve technical problems; if the application is a method (invention only), then this method must be able to use in the industry, and the ability to solve technical problems.

    Only meets the above criteria, the product patent applications or patents may be granted.

    The so-called industry, including industry, agriculture, forestry, fisheries, animal husbandry, transportation and culture, sports, daily necessities and medical device industries. Technical solution can be made or used in industry, is a natural, with the technical characteristics of any technical solutions that can be implemented.

    These programmes does not necessarily imply the use of machines and equipment, or manufacturing items of fog can also include, for example, flooding, or to convert energy from one form into another form. Can have a positive effect, refers to the invention or utility model patent application at the date of application, its economic, technological and social effect belongs to the technical field technicians can expect to.

    These effects should be positive and beneficial. 3.

    Usability review

    The invention or utility model patent application is practical, should be judged in the novelty and inventive step before the first. 3.

    1 review

    When they examine the practicability of the invention or utility model patent application, it should be guided by the following principles:

    (1) the date of application submission instructions (including photos) and claim the public is based on the overall technical content, but is not limited to the right to demand the contents of the records;

    (2) practical application of the invention or utility model is created or are not related to the implementation. 3.

    2 review of benchmarks 22nd article mentioned in the fourth paragraph of patent law "can be made or used" means the invention or utility model technical solutions in the industry are manufactured or possibilities of use. Technical solutions to meet practical requirements can not go against the laws of nature and should be in a reproducibility.

    Not made or used without usability is caused by a defect inherent in the technical program, and instructions not related to the degree of disclosure.

    Given below does not have the practicality of some major cases. 3. 2.

    1 no reproducibility With the practicability of the invention or utility model patent application subject, should have the reproducibility.

    Conversely, non-reproducibility of the invention or utility model patent application themes do not have ... Reproducibility refers to skilled technicians in the field, according to publicly available technical content, ability to duplicate the patent application in order to solve technical problems in the use of technology.

    This duplication does not rely on any random factors, and the results should be the same. However, reviewers should note that the application of the invention or utility model patent product yield low reproducibility and does not have to be the difference.

    Former is repeatable implementation, just because the implementation process has failed to ensure that certain technical requirements (such as environmental cleanliness, temperature, etc) leads to lower yield; the latter is to ensure that the invention or utility model patent application all the technical conditions required, skilled technicians in the field was not repeated for the technical solutions required to achieve results. 3. 2.

    2 against the order of nature Practical application for patent for invention or utility model shall be in conformity with the laws of nature.

    Contrary to the nature of the invention or utility model patent application cannot be implemented and, therefore, does not have utility.

    Examiner should pay particular attention to, those contrary to the law of conservation of energy of an invention or utility model patent application themes, such as perpetual motion, is not practical. 3. 2.

    3 using the unique natural conditions products With practical invention or utility model patent application may not be qualified by natural conditions and unique products. Specific natural conditions of construction from start to finish is not only product does not have to move ...

    It should be noted is that just because these products do not have the practicality of use unique natural conditions, and that its component itself is not practical. 3. 2.

    4 non-treatment of the human or animal body by surgery Surgical procedures including the operation of therapeutic and non-therapeutic purposes. Surgical method of treatment for the purpose of this part of the 4th chapter. No patent shall be granted in section 3 the object of non-surgical method for therapeutic purposes, because it is based on the living human or animal subjects for and cannot be used in the industry, and therefore does not have utility.

    For example, cosmetic surgical procedures which will be implemented, or surgical methods of cattle coming from the physical removal of calculus Bovis, and computer-aided diagnosis and surgical methods, such as coronary angiography before using surgical methods. 3. 2.

    5 measurement of human or animal bodies in extreme cases the physiological parameters of method

    Measurement human or moving objects in limit situation Xia of physiological parameter need will was measuring object placed limit environment in the, this will on people or animal of life constitute threat, different of people or animal individual can tolerance of limit conditions is different of, need has experience of test personnel according to was measuring object of situation to determine its tolerance of limit conditions, so this class method cannot in industry Shang using, not has practical.

    Belongs to does not have the practicality of the situation the following measurement methods:

    (1) by gradually reducing the body temperature of humans or animals to measure measurement method of cold tolerance of humans or animals;

    (2) reduce the inhalation of oxygen partial pressure in the gas method of gradually increasing the burden on coronary artery, and compensation of dynamic changes of coronary arterial blood pressure responses to measure the metabolic function of the non-invasive method of coronary artery. 3. 2.

    6 no positive effects With practical invention or utility model patent application technology should be able to produce the expected positive impact of the programme.

    Obviously useless, out of the social needs of the invention or utility model patent application the technical solution does not have practical.

    Chapter Sixth single and the divisional application 1.

    Introduction Patent applications shall be in conformity with provisions of patent law and its implementing rules relevant single. 31st of the patent law and its implementing rules article 34th in the first paragraph of the invention or utility model patent application provides for single.

    Detailed rules for the implementation of the patent law the 42nd, 43rd, article does not meet the Division of a single patent application and any amendment made provision. Single provision of this chapter relate mainly to the patent application, including basic concepts and principles are also applicable to utility model patent application. Review of design patent applications on a single, apply the provisions of chapter III of part I of the guidelines the 9th section.

    Chemical invention patent applications in the field of a single review on special issue, apply the provisions of this part of the 8th section of the tenth chapter. 2.

    Single 2.

    1 the basic concept of single 2. 1.

    1 single sex 31.

    1 Single refers to one invention or utility model patent application shall be limited to one invention or utility model, belongs to a general inventive concept where two or more inventions or utility models, may be filed as one application. In other words, if an application has a number of invention or utility model, only the in all several invention or utility model has a general inventive concept between make it interrelated situations are allowed.

    This is the single patent application requirements.

    Patent applications shall conform to the requirements of single main reason is:

    (1) economic reasons: pay only for the cost of a patent in order to prevent the applicant received several different invention or utility model patent protection.

    (2) technical reasons: for the purposes of classification, search and examination of patent applications.

    Lack of uniformity does not affect the validity of the patent, so lack of uniformity should not serve as a patent invalid reasons. 2. 1.

    2 the General inventive concept

    34th article of the implementing regulations of the patent law, may be filed as a patent application belonging to a single general inventive concept to two or more inventions or utility models shall be technically interrelated, containing one or more of the same or corresponding special technical features, which refers to specific technical characteristics of each invention or utility model as a whole, to contribute to the existing technology technical features. These terms define a judgment in an application for the protection of belonging to one of the two or more inventions general inventive concept method.

    In other words, belonging to a general inventive concept technology requires that two or more inventions interrelated, which is associated with the same or corresponding special technical features in their claims. These provisions also defines specific technical characteristics.

    Special technical features is designed to assess a single patent application and to put forward a concept should be understood as the embodiment of the invention contributed to the prior art technical characteristics, which make the invention with respect to prior art, novelty and creativity of the technical characteristics and from each claimed invention should be determined after taking into account as a whole.

    Therefore, the 31st of the patent law mentioned in the first paragraph of "belonging to a single general inventive concept" means having the same or corresponding special technical features. 2.

    2 single review 2. 2.

    1 review

    Examiners review patent applications filed in a single sex, should adhere to the following principles: (1) according to patent law 31st article first paragraph and implementation rules 34th article by provides of content, judge a patent application in the requirements protection of two items above invention whether meet invention single sex of requirements, is to see right requirements in the records of technology programme of substantive content whether belongs to a total of invention idea, that judge these right requirements in the whether contains makes they in technology Shang mutual associated of a or multiple same or corresponding of specific technology features.

    This judgement is based on the content of the claims, if necessary, can refer to the contents of the description and drawings.

    (2) belongs to a general inventive concept of the claim may be of two or more inventions in accordance with one of the following six ways to write, but does not belong to a single general inventive concept where two or more independent claims, even cited one of six different ways to write, nor allowed to request protection in an application:

    (I) cannot be included in a claim within two or more independent claims of the same kind or methods;

    (Ii) products and independent claims of the method used to manufacture the product;

    (Iii) independent claims of the use of products and the product;

    (Iv) product, designed for the manufacture of that product and the independent claims of the use of the product;

    (V) products, dedicated to the manufacturing of the product and specifically designed for the implementation of this method the independent claims of the device;

    (Vi) the method specifically designed equipment and methods for the implementation of the independent claims. Paragraph (I) described in the way of "similar" means the independent claims of the same type, that is required in an application for a patent to protect two of the above involved only product invention, invention or involve only methods.

As long as one or more of the same or corresponding special technical features allow multiple independent claims or between multiple independent claims in the associated technical, allows a patent application contains multiple similar independent claims.

    (Ii) to (vi) ways to involve is a combination of two or more different types of independent claims. Product and method for producing the product combination of independent claims, the "private" method uses the result to get the products, in technology between the two associations.

    But "private" does not mean that the product is not manufactured by other means.

    For the product and the product use combinations of independent claims, the use must be determined by the specific properties of the products and their associated technology. Specially designed equipment and methods for the implementation of the combination of independent claims, in addition to the "specially designed" equipment to implement the method, contribution to the prior art of the device must correspond to the contribution to the prior art.

    However, "specially designed" does not mean that the meaning of the device cannot be used to implement other methods or other devices cannot be used to implement the method. Between different types of independent claims in accordance with the written references, but in a different form, without prejudice to their singleness.

    For example, is tied with a an independent claim of a product specially designed for the manufacture of the product is a method of independent claims, can be written as "the product of claim 1 a method for manufacturing, ... ..." can also be written in "manufacturing method of product a,......"

    (3) the six mentioned above allow you to include in an application where two or more similar or different combinations of independent claims and appropriate sequencing, but six is not exhaustive, that is, belonging to one General inventive concept under the premise, in addition to the above permutation and combination methods, also allows the other way. (4) If two or more inventions belong to a single general inventive concept without regard to these inventions were in their separate claim for protection is still in the same claim as a parallel technology of choice programme demands. For the above two cases, shall, in accordance with the same criteria, being singular. The latter often appear in Ma Kushi in the claims, on the right demanding a review of Ma Kushi, tenth chapter 8th this section apply. The provisions of section 1.

    In addition, the ranking of claims should not affect the judgment of unity of invention. (5) under normal circumstances, the inspector need only consider the single independent claim, dependent claims and their subordinate independent claims there is no problem of lack of uniformity.

    However, in the event of the form is essentially for the dependent claim when an independent claim shall examine whether it is consistent with a single regulation.

    If an independent claim due to lack of novelty! creative cannot be granted on the grounds of patent, you need to consider whether its dependent claims, consistent with provisions of the single. (6) single of certain applications can retrieve an existing technology prior to, and singleness of certain applications only after taking into account the existing technology can be determined. When a different inventions in the application obviously does not have a single general inventive concept, until you retrieve to determine its lack of uniformity. For example an application including a herbicide and lawn mower two independent claims, because they are not the same or corresponding technical feature, not having the same or corresponding special technical features, which obviously does not have a single, retrieves the first conclusion.

    However, due to the specific technical characteristics of existing technology is the embodiment of the invention contributed technical characteristics are compared with existing technology, and only be determined after considering current technology, so single issue for many applications often need to be retrieved to make such a judgment.

    When compared with the prior art, in denial the first independent claim is novel or creative situations, juxtaposed to the rest of the independent claims are also belong to a single general inventive concept, should be redefined. 2. 2.

    2 a single review of methods and examples Containing two or more inventions in one application before retrieving it, you should first determine whether they obviously does not have a single.

    If the invention does not contain the same or corresponding technical feature, or contain the same or corresponding technical features belonging to this field used by technical means, they cannot contain the same or corresponding embodies specific technical features of the invention contributed to the existing technology, so obviously does not have a single.

    For no apparent lack of uniformity of two or more inventions that need to retrieve before you can judge the situation of single, usually using the following method:

    (1) the first related to the subject matter of an invention and the prior art to determine embodies specific technical features of the invention contributed to the existing technology.

    (2) the judge's second invention exists in one or more and the first invention of the same or corresponding special technical features, being in a position to determine whether these two inventions in Technology Association. (3) If an invention exists between one or more of the same or corresponding special technical features, the technical associate, you can come to the conclusions they belong to a single general inventive concept.

Conversely, if there is no technical connection between the invention, you can make them do not belong to a single general inventive concept of the conclusion, therefore, they do not have a single.

    Following that combines a review of the basic concepts, principles and methods illustrated review of single points. 2. 2. 2.

    1 independent claims of the same kind of single

    "Example 1"

    Claim 1: a belt x, characterized by a.

    Claim 2: y a belt, characterized by b.

    Claim 3: a z a conveyor belt, characterized by a and b.

    Existing technologies are not conveyor belts, has the characteristics of a or b in private, from existing technologies, has a conveyor belt features a or b are not obvious, and a and b are not related. Description: claim 1 and claim 2 did not record the same or corresponding technical feature, and there are not the same or corresponding special technical features, so they are technically not related, without a single feature. The feature in claim 1 is the embodiment of the invention a specific technical features that contribute to existing technology, the special technical features are included in claim 3 a, special technical features there is the same between the two, with a single.

    Similarly, claim 2 and has the same special technical features between claim 3 b, with a single.

    "Example 2"

    Claim 1: a transmitter, characterized in the video signal in time axis Expander.

    Claim 2: a receiver is characterized by axial compression of the video signal.

    Claim 3: a device that transmitted video signals, including in claim 1 and claim 2 of the receiver the transmitter.

    Neither public nor implied in the existing technology in the area of the shaft when using the Extender and the axial compressor, this use is not obvious.

    Description: right requirements 1 of specific technology features is video signal Shi axis extended device, right requirements 2 of specific technology features is video signal Shi axis compression device, they Zhijian mutual associated cannot separate using, both is each other corresponding of specific technology features, right requirements 1 and 2 has single sex; right requirements 3 contains has right requirements 1 and 22 who of specific technology features, so it and right requirements 1 or and right requirements 2 are has single sex.

    "Example 3"

    Claim 1: a plug, characterized by a.

    Claim 2: socket, features and a corresponding.

    Existing technologies are not open and suggesting features a Plug and corresponding socket, the plug and the socket are not obvious.

    Description: claims 1 and 2 with the corresponding special technical features, its to protect the plug and socket are interrelated and must use two products, there is a single.

    "4"

    Claim 1: a for DC motor control circuit, circuit has characteristics of said a.

    Claim 2: one for DC motor control circuit, said circuit has characteristic b.

    Claim 3: a device, including a computer that has the characteristics of a DC motor control circuit.

    Claim 4: a device that consists of a DC motor with control circuit of characteristic b.

    From existing technologies, features a and b are the embodiment of the invention contributed to the prior art technical characteristics, and characteristics of a and b is completely irrelevant. Note: feature a is a special technical features of claim 1 and 3, feature b is the special technical features of claim 2 and 4, but a and b are not related.

    Therefore, claims 1 and 3 or between claims 2 and 4 have the same special technical features, hence singleness and between claims 1 and 2 or 4, or to claim 3 and 2 or 4 are not the same or corresponding special technical features, so no single.

    "5"

    Claim 1: a filament a.

    Claim 2: a filament of a light bulb made of b.

    Claim 3: a searchlight, equipped with filament of a light bulb made of b and c rotation device.

    Compared with the existing open for the filament of the bulb, the filament is a new and creative.

    Description: the three specific technical features of the claims with the same filament, therefore they are single sex.

    "6"

    Claim 1: a method of manufacturing a product a b.

    Claim 2: a method of manufacturing a product a c.

    Claim 3: a method of manufacturing a product a d.

    Compared with the existing technology, product a is new and creative. Description: product a is the right of the above three methods require the same special technical features, these three methods of b, c, d have a single. Of course, the product itself can also be a product of a claim.

    If product a is known, then it cannot be a special technical features, then again judge the uniformity of these three methods.

    "7"

    Claim 1: a resin composition, including resins, fillers and flame retardant b a c.

    Claim 2: a resin composition, including resins, packing a b d and antistatic agents.

    This resin a and filling in the fields b and d c flame retardant and antistatic agents are known, respectively, and AB combination is embodiment of the invention's contribution to the prior art, while ABC form a difficult burning resin composition with good performance, ABD combination forms a good anti-static resin composition, namely novelty and creativity.

    Description: Despite this two items right requirements are including same of features a, and b, but, a,, and b and the AB combination are not reflected invention on existing technology of contribution, right requirements 1 of specific technology features is ABC combination, right requirements 2 of specific technology features is ABD combination, both not same also not corresponding, so, right requirements 2 and right requirements 1 no single sex. 2. 2. 2.

    2 independent claims of different categories of single

    "8"

    Claim 1: a compound x.

    Claim 2: a method for preparation of compound x.

    Claim 3: application of compounds x as insecticides.

    (1) the first situation: compound x having novelty and inventive step. Description: compound x is three to claim the same technical characteristics.

    Because it is the embodiment of the invention on existing technology contributed to the technical features of the specific technical characteristics and, therefore, claims 1 to 3 has the same specific technical features of the claims 1, 2 and 3 with a single. (2) the second scenario: by searching the compounds found x compared with the existing technology does not have the novelty or inventive step.
    Description: claim 1 does not have the novelty or inventive step and cannot be patented. Between claims 2 and 3 of the same technical features of compounds x, however, due to compound x to contribute to existing technologies are not, is not the same as the specific technical characteristics and, between claims 2 and 3 or corresponding special technical features.

    Therefore, between claims 2 and 3 does not exist the same or corresponding special technical features, lack of uniformity.

    "9" Claim 1: a high-strength, corrosion-resistant stainless steel band, composed mainly of (% weight) Ni=2. 0~5. 0,Cr=15~19,Mo=1~2 and the balance Fe, with a thickness of 0. 5mm~2. 0mm, the elongation is 0.

    2% yield strength more than 50kg/mm2. Claim 2: a method of producing high strength, corrosion-resistant stainless steel, the main component (% weight) Ni=2. 0~5.

    0,Cr=15~19,Mo=1~2 and the balance Fe, which consists of the following sequence of steps: (1) hot-rolled from 2. 0mm~5.

    0mm thickness;

    (2) annealing hot-rolled band, annealing temperature of 800 ¡æ ~1000 ¡æ; (3) cold-rolled the tape to 0. 5mm~2.

    0mm thickness;

    (4) the annealing: temperature of 1120 ~1200 ℃, time was 2-5 minutes. Compared with the existing technology, elongation of 0.

    2% stainless steel with yield strength more than 50kg/mm2 has novelty and inventive step. Description: between claims 1 and 2 are single sex. The product specific technical features of claim 1 is the elongation rate of 0.

    2% yield strength more than 50kg/mm2.

    Process steps in the method of claim 2 is to produce the stainless steel with yield strength of processing methods, although in claim 2 was not reflected in the wording of this point, but can be clearly seen from the manual, therefore, these process steps is entailed by the product claim 1 the strength characteristics of the corresponding special technical features. Claim 2 this example can also be written in reference to form of claim 1, without affecting the uniformity between them, such as: claim 2: a method of stainless steel strip production claim 1, consists of the following steps: (steps (1) to (4) referred to in the former, omitted here.

    )

    "10"

    Claim 1: a coating containing dust-proof material x.

    Claim 2: described in claim 1 of the application method of coating products, includes the following steps: (1) compressed air paint spray form, (2) spray paint by an electrode unit charged and then spray on products.

    Claim 3: a spray equipment, including an electrode unit. Compared with the existing technology, paint containing substance x is new and inventive, electrode array a is new and creative.

    However, the compressed air paint spray and spray paint charged then sprayed directly on products is known. Description: claims 1 and 2 are single, which contains coatings is that they are the same special technical features of x; claims 2 and 3 also have single, electrode specific technical features of the unit are the same.

    But claims 1 and 3 lack of uniformity, because they lack the same or corresponding special technical features.

    "11"

    Claim 1: a method of treatment of textile materials, characterized by coating a spray under the condition b of the textile material.

    Claim 2: the method according to claim 1 spray a kind of textile materials.

    Claim 3: claim 1 using a spray machine, which is characterized in a nozzle c can make the paint evenly on the textile materials. In the prior art discloses a method of treatment of textiles with coatings, however, did not publicly claim 1 with a special coating under a specific condition b (such as temperature, irradiance, and so on) spray method, and claim 2 of the textile material with unexpected characteristics.

    Nozzle c are new and creative. Description: special technical features of claim 1 is due to the use of special coatings and must accordingly adopt the specific process conditions while using the special coating and process-specific conditions described in claim 2 processed textile materials, therefore, claim 1 and claim 2 has a corresponding special technical features, there are single.

    Claim 3 of the sprayer and claim 1 or 2 without the corresponding special technical features, and therefore claim 3 and no single claim 1 or 2.

    "12"

    Claim 1: a method of manufacture, including steps a and b.

    Claim 2: the device specifically designed to implement the steps a.

    Claim 3: a device specifically designed to implement the step b.

    Failed to retrieve any existing technical documentation associated with the method of claim 1. Description: steps a and b for the two embodies specific technical features of the invention contributed to the existing technology, claims 1 and 2 or between claims 1 and 3 are single sex.

    Between claims 2 and 3 because it does not exist the same or corresponding special technical features, and thus no single.

    "13"

    Claim 1: a combustor, which is characterized by mixed combustion chamber has a tangent direction of fuel feeding port.

    Claim 2: a method of making the burner, which is characterized by including mixed combustion chamber forming tangential fuel inlets steps.

    Claim 3: a method of manufacturing a burner, which lies in the casting process.

    Claim 4: making the burner equipment, characterized in that the device has a device x, which make the fuel inlet on tangent direction is set on in the mixing chamber.

    Claim 5: making the burner equipment, characterized in d there is an automatic control device.

    Claim 6: a method of claim 1 burner made of carbon black, which is characterized by including the fuel into the combustion chamber in the tangent direction steps.

    Prior art discloses non-tangential fuel inlets and burner hybrid, from existing technologies, with tangential fuel inlets in the direction of burner is not known, nor obvious. Description: claims 1, 2, 4 and 6 are single sex, their special technical features are related to tangent direction of the inlet. Claim 3 or 5 claims 1, 2, 4 or 6 does not exist between the same or corresponding special technical features, so to claim 3 or 5 claims 1, 2, 4 or 6 without a single sex.

    In addition, claims 3 and 5 also not single. 2. 2. 2.

    3 a dependent claim oneness 2nd pursuant to this chapter. 2.

    Section 1 (5) principles set out, where the dependent claims of compliance, rather than referenced independent claim there is no problem of lack of uniformity between, even if the dependent claim also contained another invention. For example, an independent claim is a new method for production of cast iron. In a specific embodiment is presented within a certain temperature range according to the production of cast iron in said.

    In this case, the temperature range can be written a dependent claim, even not say anything in the independent claim, nor should the dependent claims the lack of uniformity of opinion. As another example, claim 1 is a method of manufacturing a product a, characterized by b is used as a raw material; claim 2 is in accordance with the method of claim 1 manufactured product a, which is the raw material for the preparation of b from c.

    Since claim 2 contains all the features of claim 1, therefore, regardless of whether made by c b method itself is an invention, cannot believe that lack of uniformity between claims 1 and 2. As another example, claim 1 is a turbine blade, characterized in that the blade has a particular shape; claim 2 is the turbine blades as described in claim 1, characterized by the blade is made of alloy.

    In this case, even alloy a is new, it could constitute an independent invention in itself, and its application in turbine blade is innovative, should not claim 2 and claim 1 of a single comment. It should be noted that, in some cases, the form of dependent claims, is in fact an independent claim, there may be a problem of lack of uniformity. For example, claim 1 is a contactor, have characteristics a, b, and c, claim 2 is a kind of claim 1 of the contactor, which features c features d instead. Since the claim 2 did not include all the features of claim 1, it is not a dependent claim, but an independent claim.

    Shall, in accordance with the same principles of an independent claim of a single review to determine their singularity.

    In a separate claim for lack of novelty, creativity and other reasons cannot be granted a patent case, its dependent claims may exist between the problem of lack of uniformity.

    "For example"

    Claim 1: a display, has the characteristics of a and b.

    Claim 2: described in claim 1 of the monitor, another feature with c.

    Claim 3: described in claim 1 of the monitor, another feature with d.

    (1) the first case: compared with the existing technology for public displays, with characteristics described in claim 1 a and b monitor with novelty and inventive step.

    Description: claims 2 and 3 are further qualified to claim 1 the scope of protection of dependent claims and, therefore, claims 1, 2 and 3 with a single. (2) the second situation: from the combination of two existing technical literature, described in claim 1 of the monitor is not creative.

    Characteristics of c and d are the technical features that contribute to the prior art, and two completely unrelated. Note: because claim 1 does not have creative cannot be granted a patent, the remaining claims 2 and 3 should be regarded as an independent claim to determine whether it actually has a single.

    Specific technical feature in claim 2 c with special technical features in claim 3 d are not the same is not appropriate, therefore, claims 2 and 3, no single. 3.

    Divisional application 3.

    1-case scenarios

    Application does not meet the uniformity of the following conditions, the inspector shall require the applicant to make modifications to the application documents (including case), to conform to a single request.

    (1) contained in the original claim does not comply with two or more single invention.

    Contained in the original claim submitted by does not belong to a single general inventive concept invented by two or more, applicants should be required to limit the claims to one invention (in General is the invention for claims 1) or a general inventive concept of two or more inventions, for the remainder of the invention, the applicant may submit a divisional application.

    (2) modify application files added or replaced in the independent claim with the original claims of inventions do not have a single. In review process in the, applicants in modified right requirements Shi, will original only in manual in the description of invention as independent right requirements increased to original right requirements book in the, or in replies review views notice Shi modified right requirements, will original only in manual in the description of invention as independent right requirements replaced original independent right requirements, and the invention and original right requirements book in the of invention Zhijian lack single sex. In this case, after the Inspector General shall request the applicant to add or replace deleted from the claims of the invention.

    Applicant's invention of the deletion can be submitted to the divisional application.

    (3) an independent claim of lack of novelty or inventive step, the rest of the claims lack of uniformity between. An independent claim (typically claim 1) lack of novelty or inventive step, between the juxtaposed to the rest of the independent claims, even among its dependent claims loss of the same or corresponding special technical features, namely the lack of uniformity, so we must amend, modify and delete themes, the applicant may submit a divisional application.

    For example, a product, manufacturing methods and the use of applications found through search and examination, the product is known, remaining method of manufacture of the product an independent claim is obviously not with the product uses an independent claim has the same or corresponding special technical features, so they need to be modified. This case, can the applicant requested, or it can be the applicant in accordance with Divisional Inspector requirements.

    It should be noted that, as the applicants put forward that the divisional application is voluntary, so the Inspector simply by requiring that the applicant does not meet a single requirement of two or more inventions into an invention, or to belong to a general inventive concept where two or more inventions as to whether modifications to the rest of the invention proposes a divisional application is entirely up to the applicant to decide. In addition, an application may submit one or more than one divisional application, a divisional application can also be based on the original application is one further one or more than one divisional application. Divisional application a divisional application, if the application date is not subject to this chapter I of part I of the guidelines 5th. 1.

    Section 1 (3) provides that it cannot be allowed, unless the Inspector points out a single defect. 3.

    2 a divisional application should meet the requirements of the divisional application should meet the following requirements.

    (1) a divisional application text

    Specification of a divisional application should in its chapeau, that is, prior to the technical field to which invention belongs, shows that the application is a divisional application of application and specify the original application filing date, application number and the invention of the name.

    When the divisional application is submitted, shall submit a copy of the original application documents; claims the right of priority shall also submit a copy of the priority document of the original application.

    (2) the content of the divisional application Rule 53 (3) of the divisional application shall not go beyond the contents of the original application for the scope.

    Otherwise, it does not conform with the rules for the implementation of the patent law should be the 43rd article or dismissed on grounds of the 33rd article of the patent law to the divisional application.

    (3) the divisional application description and claims Case the original application and the claims of the divisional application shall be respectively to protect the different inventions and their specifications can be allowed to have different situations.

    For example, the original application a, b two inventions; case, the claims of the original application if you want to protect a, instructions can still be a and b, you can maintain a; if the claims of the divisional application requirements protected b, its specification is still a and b, or b. Related divisional application applicants, the time of submission and the divisional application category requirements applicable to chapter I of part I of this guide 5th. 1.

    The provisions of section 1. 3.

    3 review of

    In the case of an application needs, review of the case including the divisional application review and review of the case after the original application, shall, in accordance with detailed rules for the implementation of the patent law of the 42nd and 43rd. (1) under the provisions of article 43rd of the implementing regulations of the patent law, the divisional application shall not go beyond the contents of the original application for the scope. Otherwise, the review officer shall require the applicant to undergo revision.

    If the applicant does not modify or further modify the contents exceed the original application specifications and claims the scope, the Inspector can according to the 53rd of the implementing regulations of the patent law (c) provisions to a divisional application does not meet the 43rd paragraph of the implementing regulations of the patent law provisions or modification does not accord with the 33rd article of the patent law as a reason to dismiss the request for Division. (2) according to the 42nd paragraph of the implementing regulations of the patent law provides that an application does not comply with the patent law article 31st and 34th article of the implementing regulations of the patent law, it shall notify the applicant to modify its application within a specified period. That is, during the term of the original application to one invention or a general inventive concept inventions. And shall draw the applicant's attention: expires without good reason did not respond, the application is deemed withdrawn; no good reason not to change the original application has a single application, the Inspector may apply to not comply with the patent law of 31st article for reasons to dismiss the application.

    Similarly, for the original application divisional application does not meet the requirements of uniformity and should also be in accordance with the above approach.

    (3) in addition to according to the implementation rules of the patent law review the 42nd and 43rd, other reviews and reviews of general application are the same.

    The seventh chapter search 1.

    Introduction

    Each invention patent applications before the patent right is granted shall be retrieved.

    Retrieved is invention patent application real review program in the of a key steps, its purpose is find and application of theme is closely related to or related of existing technology in the of compared file, or find conflict application file and prevent repeat authorized of file, to determine application of theme whether has patent law 22nd article second paragraph and third paragraph provides of novel sex and creative, or whether meet patent law Nineth article first paragraph of provides.

    Utility model patent searches and Hong Kong S.A.R. short-term patent search a reference implementation of this chapter.

    In the research results should be documented in the search report. 2.

    Review with retrieval of information 2.

    1 searching patent documents Substantive examination procedures for patent applications in the search, carried out mainly in the searching of patent documents.

    Searching patent documents include: electronic (computer database and CD) multinational patent documents; paper form, arranged according to the international patent classification review retrieved documents and patent literature arranged by serial number; the countries microfiche form patent documents. Patent Office patent documents in electronic form including: Chinese patent application and prospectus, China invention patent specification, China utility model patent, European patent applications prospectus prospectus of international patent applications, Patent Cooperation Treaty and the United States Patent specifications, Japan patent application statements, Japan utility model patent specification and classification of patent abstracts and other.

    Paper copies of patent documents in the form of the Patent Office include: Chinese patent application and prospectus, China invention patent specification, China utility model patent, United States Patent prospectus, European patent application international patent applications, Patent Cooperation Treaty prospectus abstracts and multinational patent classification. 2.

    2 retrieval of non-patent literature Apart from the retrieval of patent documents, the inspector should also check out search with non-patent literature.

    Retrieves the non-patent literature including: electronic or paper science and technology at home and abroad in the form of books, periodicals, indexes, tools and manuals. 3.

    Search topics 3.

    1 search based on application Retrieves the application based on the text, usually the original claims submitted by the applicant at the time of application and instructions (drawings, include photos). Applicants according to patent law implementation rules 44th article should review member of requirements on right requirements book and/or manual for has modified, or according to patent law implementation rules 51st article first paragraph provides on right requirements book and/or manual proposed has active modified of, retrieved according to of application text should is applicants last submitted of, and and meet patent law 33rd article provides of right requirements book and/or manual (see this part eighth chapter 4th.

    Section 1). 3.

    Retrieval of an independent claim 2 Retrieves the claims of the main request, taking into account the content of the description and drawings. Inspectors first independent claim should be qualified technical solutions as retrieved by topic.

    At this time, the emphasis should be placed on a separate on the inventive concept of the claim, and not only the literal meaning of an independent claim, but need not also be extended to take into account every aspect of the content of the description and drawings that were. 3.

    Retrieval of dependent claims 3 To retrieve the independent claim qualified technical solutions, have found a technical scheme of the novelty or creative teachings, in order to evaluate whether the dependent claims scheme which can further qualify 22nd article of the patent law and the provisions of the third paragraph of novelty and inventive step, reviewers need to subordinate claims scheme which can further qualify as search topics, continue to retrieve.

    However, for a limited part of the range of additional technical features belonging to prior knowledge dependent claims you can make further searches.

    When retrieving results show independent claim qualified technical solutions have novelty and creativity, there is generally no need to technical solutions to its dependent claims qualify for further retrieval. 3.

    Retrieval of elements of the portfolio, claims 4

    Claim is a combination of elements a, b and c, the Inspector when this claim is being retrieved, you should first to retrieve the A+B+C solution, if you do not find a review of the novel, creative documents, A+B, B+C, A+C Group should be combined, as well as to retrieve individual elements a, b, and c. 3.

    5 the retrieval of different types of claims Application contains several different types (product, method, device, or use) claims, the examiner shall retrieve the all the different types of claims. In some cases, even if the application contains only one type of claim, may also be required for other types of themes retrieved.

    For example, when you retrieve a chemical method of claim, apart from outside to retrieve the method of claim itself, in order to evaluate their creativity, using this method to manufacture of final products, other than they are apparently known, should also be retrieved. 3.

    6 retrieval of description and drawings In addition to technical solution qualified by the claim, that request protected topic (hereinafter referred to as application topic) retrieval, inspectors sometimes exposed in the description and drawings should be further qualified the subject of the application for other substantive content is retrieved. Because when you modify the rights of the applicants requires, it is possible to request to add them to the right. For example, a circuit applications submitted, the claim qualify technology only circuit of the functions and methods of work. However, in the description and drawings, details an important circuit of transistors, for this application, the examiner should not only qualified to claim the circuit functions retrieve and work, but also the transistor circuit as search topics. So, even though the applicant by modifying the transistor circuit after written claims, supplement the inspector need no longer be retrieved. However, documented in a statement of those rights requires qualified technical programmes do not have a single invention having to retrieve, as by modifying the contents does not have a single inventions such as an application for protection is not allowed to write the topic of claims (see the eighth chapter is the 5th. 2. 1.

    Section 3 (3)). 4.

    Retrieve time limits 4.

    1 retrieve the existing technical literature in the time limit Examiners should retrieve submitted applications prior to the date of the patent applications filed in China open all the same or similar field of patent documentation and non-patent literature. The benefit of this is, the Inspector can be omitted to verify priority is working, unless there is the eighth chapter of the 4th. 6.

    Need to verify the priority referred to in section 1, for example, retrieve the priority of the application during the application or the public, affect the novelty or inventive step of compared files. 4.

    2 search subject to the time limit of application

    In order to determine whether there is influence theme novelty of the invention patent application subject to the application, the examiner at least retrieve:

    (1) all by any units or individuals prior to the filing date of the application submitted to the Patent Office, and within 18 months from the date of filing of that application has been published or announced patent applications for the same or similar technology or patent documents;

    (2) all by any units or personal in the application of application day zhiqian to international application accepted Council submitted of, and in the application of application future 18 months within made international announced of same or similar technology field of specified China of international application, to retrieved out and the application same of, and may will according to Patent Cooperation Treaty (PCT) of provides into China national stage and became the application of conflict application of international application. 5.

    Getting ready for a search 5.

    1 read the relevant documents

    Manuals cited in the following file, the inspector should identify and, where necessary to read these files:

    (1) as a basis for applications topic files;

    (2) associated with the technical problem to be solved by the invention of background technical documents;

    Law 36

    (3) helps to understand the application of theme files. If you can't get any of these files at the Patent Office, and their understanding and evaluating applications for the topic is necessary, there is no such file, the Inspector cannot be effectively retrieved, then the examiner should defer to retrieve, notify the applicant with a copy of such documents within the period specified, upon receiving a copy of a search (see the eighth chapter 3rd. 2. 4 and 3. 2.

    Section 5).

    If cited in the specification document clearly applied topics not directly related to, the Inspector can not be considered.

    If foreign search report is submitted by the applicant, the examiner should read the documents cited in the search report, especially to read the subject matter of the application of innovative, creative files that have an impact. 5.

    2 check the application of the international patent classification In order to retrieve more effectively, the inspector shall determine the application of the international patent classification (classification for short). About how to determine the classification number, apply the provisions of the first part of the fourth chapter of this guide. To this end, the inspector should be based on correct understanding of application, using classification check classification or category number is given by the International Searching Authority. When it finds a class number is not accurate and should be in accordance with this part, the eighth chapter 3rd.

    As provided for in section 1. 5.

    3 determine the retrieval technology In General, inspectors retrieved at the subject belongs to the technical field of application and, if necessary, should be extended to retrieve similar technical fields.

    Technology areas are determined according to qualify the content of claims, in particular makes it clear that those specific features and uses, as well as to determine the appropriate embodiment. Inspector determining the representation of invention information classification number, is the subject of the application is a member of the technical field. Functional areas are based on similar technology applications file revealed the theme must have the essential function or use to determine, not only depending on the subject's name, stated a specific function or application documents to be sure. For example, tea mixers and concrete mixer belonged to similar techniques, mixing both must-have essential functions. Similarly, cutting machine and cutting biscuit machine also features similar technology. As another example, an application of an independent claim defines a has some structural characteristics of the cable clamps. If the cable clip belongs to the technical field related file cannot be retrieved, should be extended to retrieve about pipe clamps and other similar clips of technical fields, because these clips with similar essential function cable clips, so are likely to have qualified in the independent claim of the application structure.

    In other words, extended search, may contain subject matter of the application of all the feature or some of the features of the content of the document should be retrieved. 5. 3.

    1 the use of computer databases Reviewers can use key words, invention names, inventors such as retrieve entry by computer in the computer database search to determine search technology.

    Use keyword search portal to determine how the retrieval technology is the most important. Based on correct understanding of applications, identify one or more "keywords", and then determine the "keywords" in the computer database for retrieval and statistical analysis, for example, classification, statistical analysis of retrieved documents, retrieve technical areas identified as accurate and comprehensive as possible.

    Using the same method, can also determine for retrieval of previously described other technical field of topics should be retrieved. 5. 3.

    2 use the international patent classification

    In the use of computer databases were not exact search technology cases, inspectors can follow the steps below to check out the international patent classification, define retrieval technical areas:

    (1) access to international patent classification each start part of the "content" column, select possible divisions and categories by class name.

    (2) read the class name for the selected divisions and categories below, themes from which to choose the most suitable cover to retrieve content categories. At the time of these two steps, the inspector should note that the partial class name and/or large classes, small notes in the class name of the class or see. This kind of comment or see content that may affect small, pointed out that possible differences between small classes and may indicate the desired retrieves the location of the theme. If you choose small classes at the senior version of the electronic layer of the classification information classification definitions, you should pay attention to the details, because the scope of classification to define the class gives the most accurate instructions. In addition, the examiner should also note that when there is similar functionality with the ability to retrieve the subject classification of location, there may be associated with the ability to retrieve the subject of one or more application category location.
    When retrieving the subject specific location could not be found, class or group name can be considered as "XX", "groups are not included in the XX of XX" this residual classification position number as retrieved by technology area.

    (3) see smaller class of "class index", read the complete set of class names and notes and see, choose the most suitable for covering large groups of themes retrieved. (4) large group of read selected all groups with a dot below, identify the most suitable for covering a group of themes retrieved.

    If a group of notes and see section, it should be categorized according to them to consider other locations in order to find a more suitable or more classification of themes retrieved.

    (5) to select more than one dot, but still covering groups of themes retrieved. Through these five steps you can select the most suitable theme that covers the retrieval team. Theme of the Panel and not clearly ruled out retrieving all group retrieval technology. If designated group have a prior comment, as determined by the first comment under the Panel and its obviously not exclude topics that will retrieve all technical fields is retrieved by the Panel. In addition, high above the level of the selected group group until the Group was searching technology, because there has included a search of themes and documents a wide range of topics. If selected of group in by "last location rules" classification of small class in the, so except on selected group and Xia not obviously excluded retrieved of theme of group for retrieved outside, also should on and selected group has same points, and and related of in Hou of group and Xia not obviously excluded retrieved of theme of group for retrieved, also, also should on the selected group of high a level related of the group until big group for retrieved. For example, the three groups in the C08G8/00 8/20, in accordance with the "last place rule" designated group, under which a four-point group 8/22. 8/20, 8/20 with the same points, and related groups, there are three groups of 8/24.

    In the three groups above, there are two points related to the Group of 8/08 and group 8/04.

    Therefore, the examiner should first retrieve the 8/20 group, then retrieved, 8/08, 8/22, and 8/04 groups, until the 8/00 group.

    (6) using the above method in the same class may other big group or groups, as well as steps (2) to select other categories. 5.

    4 analysis of claims, determined to retrieve element

    Reviewers reading application files, most from invention and to determine the classification and retrieval of technical fields, the claims should be further analysed, determined to retrieve elements. 5. 4.

    1 overall analysis of claims

    Read the claims, find out all the independent claim, preliminary analysis of independent claims, to determine the technical scheme of protection requested by the independent claims are referred to in this section 10th do not have to retrieve the situation. To retrieve the right requirements, determines whether the request to protect the wide range of independent claims and analyze this independent claims.

    General protection according to the wide range of independent claims is retrieved. 5. 4.

    2 Retrieving elements identified First, for protection of the independent claim of wide range of technology solutions, identify basic retrieves elements to reflect the technical programme. Basic search elements reflect the basic idea of technical solutions to retrieve elements.

    In General, the determined basic search elements need to be considered when technologies, technical problems, technology, technical aspects. In determining the basic search elements should be combined with search technology characteristics to determine if these basic search elements, each element in the expression of computer retrieval systems, such as keywords, category number, chemical structure type and so on.

    For a comprehensive search, usually requires as much as possible with the key words, classification, and other forms of expression of these search elements and retrieve the different expressions are used to merge the results against the retrieving elements of the search results.

    When selecting keywords, you generally need to consider the corresponding synonym or synonymous expressions of retrieved elements, and if necessary, also needs to take into consideration the relevant concept, subordinate concept and other related concepts and its synonym or synonymous expressions. Determine when retrieving elements of the technology programme, take into account not only technical solutions identified in the technical characteristics and, if necessary, should also take into account the technical programmes of certain technical characteristics of equivalent characteristics. Equivalent refers to as compared to recorded technical characteristics, with essentially the same means to achieve essentially the same function, achieve the same effect, and skilled technical staff associate in the field of characteristic.

    In determining the equivalent features, should take into account the specifications described in the variations of embodiment, the specification does not explicitly exclude content and other factors. 6.

    Retrieval of patent application for invention 6.

    1 retrieval of elements Inspector when it is retrieved, to focus on novelty, but also related to attention and creative technology currently available, combining those may apply for two of the topics do not possess creative or the number of documents retrieved. In addition, the examiner should also pay attention to those files that may be important for other reasons.

    For example, it helps to understand the topic of application documents or the best topic to clarify the application, and may become an Inspector requires rewriting the independent rights of the applicants requires the preamble and relevant part of the specification of the closest prior art document.

    When retrieved, the inspector should note in the prior art patent documents the entire contents, particularly the specification of the patent document (and photos), and not only focus on claims, claims of an application will retrieve content with relevant prior art patent documents by comparing open content. 6.

    2 retrieve order 6. 2.

    1 in their respective technical areas to retrieve Apply to their respective technical field is the main theme of technical field, retrieved in these areas to find closely related documents most likely. Therefore, the examiner should first be retrieved in these areas carried out a comprehensive search of patent documents. For example, the classification of invention information as xxx7/16 ... ... (7/12 preferred), first retrieve the 7/16 and retrieving 7/12, after which should also search 7/16 and 7/12 belong to the requested topic is not obviously excluded teams; last retrieval covering applications for the theme of the high level group until the group.

    If more than one classification of invention information, should also be in the same way in other classification number of technical fields in the retrieval of patent documents retrieved.

    Other topics that should be retrieved on the application, should be in their respective and related areas of technology use similar methods to retrieve. 6. 2.

    2 feature similar technology in the field of search Inspectors shall, in accordance with section 6th. 2. Referred to in section 1 of the search results, consider the need to extend the functionality to retrieve similar technical fields. If necessary, should function like the 6th technical areas in accordance with this chapter. 2.

    Retrieves the method referred to in section 1. 6. 2.

    3 redefine the technical field of search If through 6th in this chapter. 2. 1 and 6. 2. Section 2 search, file comparison is not found, may be determined by technical field is not correct.

    At this time, the inspector should redefine the technical field, retrieved in this technical field. In this chapter, the 6th. 2. 1, 6. 2. 2 and 6. 2.

    Section 3 of the retrieval, retrieval time sequence, that is, of the public access to the information retrieved by time sequence, usually relative to the date of application, from near to far. 6. 2.

    4 other information As needed, the examiner should also search non-patent literature (see section 2nd.

    Section 2) is retrieved. In addition, the examiner also can be read on the 6th. 2. From 1 to 6. 2.

    3 section retrieved the documents cited in the documents, and read out in the specification of the patent application or patent "cited references" listed under the list of relevant documents. 6.

    3 concrete steps 6. 3.

    1 machine While the computer is in, and retrieved for as fully as possible, for each retrieved element, the inspector should be expressed from multiple angles as possible, such as by keyword, classification, such as chemical structure. For example, for a contains two a basic retrieved elements a, and b of right requirements, basic of retrieved thought can said for: will involved retrieved elements a, of classification, and keywords of two species retrieved results to logic or of relationship merged, as for retrieved elements a, of retrieved results; will involved retrieved elements b of classification, and keywords of two species retrieved results to logic or of relationship merged, as for retrieved elements b of retrieved results; then will above for retrieved elements a,, and b of retrieved results to logic and of relationship merged,

    As the search results for that claim.

    In actual retrieval process, the auditor may apply according to specific conditions using different combinations of search, such as:

    (1) will involve elements of a classification number and two involving elements b keyword search results in a logical merge with the relationship;

    (2) will involve elements of a classification number and involve elements of b category number two search results in a logical merge with the relationship;

    (3) will involve elements of a keyword and two involving elements b keyword search results in a logical merge with the relationship;

    (4) will involve elements of a keyword and involves elements of b category number two search results in a logical merge with the relationship;

    (5) will involve elements of a classification number and two involving elements of a keyword search results in a logical relationship or merged, the result and b involves elements of keyword or category number of merge results in a logical and relationship. When using a comparative file search failed to find more related, should take into account the missing documents used in this way. As in (1), the missing documents: contains at least one of a, b, related keywords, but not in a category number of documentation; classification, same as at least one classification number with the a, b, b, but does not contain keywords related to literature. For missing documents, retrieval methods for retrieving targeted should be adjusted. If the retrieved element a, b can evaluate the technical solution is not retrieved with innovative or creative document, should also be considered for separate search elements a or b to retrieve the results.

    If technology has a number of basic search elements, such as basic search elements a, b, and c, programme, to evaluate the technology could not be found in novelty or creative literature, generally should be considered basic search combinations of elements, such as by combination of A+B, A+C and B+C, if necessary, also need to be considered separate search elements a, b, c.

    In addition, the computer retrieval process, the Inspector can also be referenced at any time based on relevant literature for literature, citations, inventor, applicant tracking search in order to find further related literature. 6. 3.

    2-test

    Seized from the hands of retrieval, the examiner can read patent documents according to the following steps: First step, quickly browse to retrieved of technology field of review with retrieved document in the patent literature title page Shang of summary and drawings and right requirements book in the independent right requirements of content; Japan, and Russia (including original Soviet), and Germany (including original Federal Germany), and United Kingdom, and France and Switzerland, country of patent classification abstracts; foreign journals papers classification problem recorded,, will those preliminary judge may and application of theme about of file proposed to.

    If retrieval application showing structure of specific drawings, the Inspector may apply to the drawings used to retrieve documents and review files in the comparison of photos one by one, those drawings show the structure characteristics and structures in an application for the same or similar document.

    The second step, read the put files in the first step of the summaries, drawings and claims, as well as abstracts and titles corresponding to the file selected is associated with the application documents.

    The third step, careful reading and analysis of selected in the second step the specification part of the file, finalized in the search report and the review of documents will be referenced in the body of the notice. 6.

    4 subject to the application of retrieval 6. 4.

    1 basic principles

    In the notice of application for a patent right may be granted, subject to the application of retrieval should be completed to the best possible extent, shall be deemed to have full access to the retrieval of patent documents in the application is filed prior to the date of this application and subsequent published patent application documents and notice of patent documents. 6. 4.

    2 for a full 18 months after the publication of enter the substantive examination procedure to retrieve Normally, invention patent applications published 18 months after the filing date, then into the substantive examination procedure.

    In this case, the inspector issued a notice of review for the first time made before retrieval, should include conflict with the application of retrieval. 6. 4.

    3 enter into substantive review procedures applied for early release after retrieval Patent application published in advance into the substantive examination procedure, before the inspector issued a notice of review for the first time, we can retrieve the subject application.

    If on the application made review conclusion of date in from the application of application day up 18 months within, review member Visual conflict application into retrieved with patent literature in the of situation constantly for conflict application of added retrieved; if on the application made review conclusion of date, in the application of application day up full 18 months day or zhihou, review member should in full 18 months day or zhihou, in made review conclusion Qian, further for conflict application retrieved. 9.

    1 7.

    Prevent duplicate retrieval of authorization In the notice of application for a grant of the patent right, and prevent duplicate retrieval of authorization should be completed to the best possible extent, that is already covered in the Chinese patent documents should be of the same invention patent application or patent documents retrieved.

    Relating to the same invention and judgment, apply the provisions of chapter III of this part of the 6th section. 8.

    Stop retrieval 8.

    1 search limits In theory, any sound retrieval should be both comprehensive and thorough search. But from a cost perspective of rationality, to retrieve must have certain limits. Examiner to retrieve documents at any time in accordance with the quantity and quality of decide whether to abort the search.

    Consider the principle is used to retrieve the time, effort and cost commensurate with the expected results are to be obtained. 8.

    Retrieved 2 may suspend several

    The retrieval process, when one of the following conditions occurs, the Inspector may suspend the search:

    (1) review Member has found a copies and application of all theme is closely related to of compared file, and think it clear to public has application of all theme of all technology features, or by it by public of content makes belongs technology field of technicians can obtained right requirements book in the of all technology programme, that review Member think the compared file separate effect application of all theme of novel sex or creative, constitute retrieved report in the by provides of x class file or e class file;

    (2) review Member has found two copies or more copies and application of all theme is closely related to of compared file, and think, application belongs technology field of technicians can easy to put they combined up, obtained right requirements book in the of all technology programme, that review Member think these compared file combined up effect application of all theme of creative, constitute retrieved report in the by provides of y class file;

    (3) inspectors based on their knowledge and experience, find it impossible to find closely related documents, or that the expected results and the need to spend time, energy and costs are disproportionate, not worth retrieving;

    (4) review materials from the public, or from the applicant's foreign applications to retrieve information or review information found above (1) or (2), the closely related documents (usually the search report provided for in the x or y class files). 9.

    Special search 9.

    1 apply theme cross-field retrieval

    If themes across different technical areas, the Inspector in addition to retrieve in their review of the technology outside, should also, as appropriate, discuss with the Inspector in charge of other technical areas, to decide how to proceed further. 9.

    2 when applying for the lack of single retrieval 9. 2.

    1 on the apparent lack of a single application for retrieval

    Review on the analysis of the claims and a description (and photos), you can determine lack of uniformity across applications themes, process the application can take one of the following ways:

    (1) to modify the application of the applicant and elimination of defects of lack of uniformity of a search; (2) if lack single sex of two items or more items independent right requirements of technology programme are belongs to the review member is responsible for review of technology field, and they involved of retrieved field very close or in is big degree Shang overlap, is review member can in not increased too more workload of situation Xia while completed on they retrieved, such, in wrote review views notice body Shi, both can pointed out that lack single sex of defects, and can on these independent right requirements made evaluation, reduced a times review views notice, To speed up the review process. If found by retrieving one or several independent claims does not have the novelty or inventive step, the applicant after receipt of the notice of review, you can delete such a claim, and not longer or if they propose a divisional application, thus avoiding unnecessary work.

    In addition, such a search might also find the topic further prove the lack of single documents. 9. 2.

    2 the retrieval of an apparent lack of a single application An apparent lack of a single application, refers only to retrieve, to determine the application for lack of uniformity between the themes of those applications.

    For these applications, the inspector should be retrieved as follows: (1) to retrieve the first independent claim, if it does not have the novelty or inventive step, in accordance with this section the sixth chapter the 2nd. 2.

    Single review principles referred to in section 1, based on the search results to judge whether lack of uniformity between remaining an independent claim, the lack of a single independent claim can no longer be retrieved.

    (2) If an application for the two independent claims or more parallel to each other, very close in the inventive concept, and without an independent claim needs to be retrieved in other technical fields, you can retrieve all topics on the application, as this will not increase too much workload. (3) to retrieve an independent claim, if it does not have the novelty or inventive step, resulting in its juxtaposition of lack of uniformity between dependent claims, you can refer to this chapter the 9th. 2.

    Section 1 (1) or (2) or section (1) or (2) the approach. 9.

    3 other cases retrieval Apply for some of the themes belong to the 10th listed in the section of this chapter, the inspector should be on the application retrieves the other topics do not belong to these situations; applications that did not belong to the situation between single-defects, in this chapter the 9th.

    The provisions of section 2 is retrieved. 10.

    Do not have to retrieve the situation

    All topics an application belongs to one of the following circumstances, the examiner to retrieve the applications do not have to:

    (1) belongs to the fifth of the patent law or section 25th no patent shall be granted;

    (2) to comply with the patent law the provisions of the second paragraph of article II;

    (3) does not have the practical;

    (4) the description and claims are not made to the subject of the application clear and complete instructions, which cannot be achieved in the field of technology and technical personnel. 11.

    Supplementary search

    In the course of substantive examination of the application, any of the following circumstances, in order to obtain a more suitable comparison files, the inspector shall supplement the application retrieving:

    (1) the amended claims of the applicant, the original retrieval without the modified claim request protection coverage;

    (2) the applicant to clarify some of the content, makes the original searches were not complete and not accurate;

    (3) prior to the first notice of review of search is incomplete or inaccurate;

    (4) to review changes made to retrieve an incomplete or inaccurate and need to add or change their retrieval.

    After the review to continue to review the process, if the above circumstances, supplement should also be retrieved. In addition, this Chapter 4th.

    Section 2 (2) may constitute a collision application specified as described in China's international patent application, prior to the notice of the application for a patent right may be granted, should add retrieved to see whether it has entered the national phase in China and Chinese public. 12.

    Search report Search report results for record retrieval, particularly records constitute relevant prior art documents. Search report form prescribed by the Patent Office.

    Examiners should be clearly documented in the search report retrieval field, database as well as the basic search elements and its expressions (such as keywords), the comparison obtained by retrieving files, and documents and application topics of relevance, and requested in the search report form should be completed in its entirety.

    In the search report, the examiner uses the following symbols to indicate the relationship between documents and claims:

    X: separate files affect the novelty or inventive step of the claims;

    Y: when combined with the other y-class file search report affect the right to require the creative file;

    A: background technical papers, which reflects claims part of the technical characteristics or the relevant prior art documents;

    R: any units or individuals applying for going before the Patent Office, belong to the same invention patent or patent application document;

    P: intermediate files, applications open at the date of filing with the required priority documents between China and Japan, or will lead to the need to verify the application of priority documents;

    E: individually affect the claim novelty of the subject application.

    Above type of file in the, symbol x, and y and a, said compared file and application of right requirements in content Shang of related degree; symbol r and e while said compared file and application in time Shang of relationship and in content Shang of related degree; and symbol p said compared file and application in time Shang of relationship, subsequently should with marked file content related degree of symbol x, and y, and e or a,, it belongs to in not verified priority of situation Xia made of mark.

    A claim consists of several parallel technical solution, and a comparative document and the relevance of these programmes varies, the inspector should be used in the search report represents the highest symbols to indicate the relevant documents.

    In addition to these types of documents, review of other documents referenced in the notification should also fill in the search report, but do not fill out the document type and/or of the claims involved.

    Eighth chapter of substantive examination procedures 1.

    Introduction

    According to the provisions of article 35th of the patent law, the Patent Office conduct substantive examination of patent application for invention.

    Substantive examination of the application for a patent for invention is aimed at determining whether the application for a patent for invention patent right shall be granted, in particular, to establish their conformity with patent law-related novelty, creativity and utility provisions. Under the provisions of article 35th of the patent law, the substantive examination procedure usually starts after a request by the applicant.

    According to the provisions of the second paragraph of that article, the substantive examination procedure can be initiated by the Patent Office.

    Required under the 39th of the patent law, invention patents after examination as to substance found no cause for rejection of the application, the Patent Office shall grant the patent right for invention to decide.

    According to the provisions of article 38th of the patent law, in the substantive examination of invention after the patent application after the applicant has made the comments or amendments, still does not comply with the Patent Office patent law provides that the remains belong to 53rd of the implementing regulations of the patent law under the circumstance of the defect, shall be rejected. Required under the 32nd of the patent law, the applicant may withdraw its application for a patent at any time before the patent right is granted.

    Patent law article 36th, 37th and 42nd paragraph of the implementing regulations of the patent law also sets out the substantive examination procedure the patent application will be considered withdrawn. Said examination as to substance in this chapter, refers to the substantive examination of patent applications in China.

    For entering the Chinese national phase substantive examination of an international application, in chapter II of part III of these guidelines, "the substantive examination of international applications entered the national phase" is specifically provided for in the applicable provisions of this chapter; no specific provisions, the provisions of this chapter shall apply. 2.

    Substantive examination program and its basic principles 2.

    1 Summary of the substantive examination procedure

    Can occur in the substantive examination of the patent application procedure is as follows:

    Law 37

    (1) on invention patent application for real review Hou, review Member think the application not meet patent law and implementation rules of about provides of, should notification applicants, requirements its in specified of term within statement views or on its application for modified; review member issued notification book (review views notice, and points case notice or submitted information notice,) and applicants of replies may repeatedly times, until application was grant patent, and was dismissed, and was withdrawn or was considered withdrawn;

    Law 39

    (2) after examination as to substance does not find cause for rejection, or, after the applicant or defects have been modified to eliminate patent applications, the inspector shall issue a notice of grant the patent right for invention;

    Law 38

    (3) the patent application after the applicant or revised, still notices that belong to 53rd of shortcomings of the implementing regulations of the patent law, the inspector shall be rejected; Law 37 and 36.

    2 Rule 42.

    2

    (4) the applicant without a legitimate reason to review notices, notice or the notice of submission of information fails to reply, the inspector shall issue a notice of application will be considered withdrawn.

    In addition, as required, the Inspector can also substantive examination procedure in accordance with the provisions of these guidelines by meeting, telephone discussion and field survey and other auxiliary means. 2.

    2 basic principles of substantive examination program

    (1) the request principle Subject to the provisions of patent law and its implementing rules, the substantive examination procedure the applicant made requests for substantive examination under the premise to start.

    Inspectors can only be based on the applicant in accordance with the official petition for review (including application, modified in accordance with law or to reply to the notice of review,) the review of the application documents.

    (2) the principles of hearing

    In the course of substantive examination, the Inspector before making the decision, should be made available to the applicant at least one rejected on the basis of facts, reason, and evidence presentation and/or modify an application opportunities to review when making a decision, dismissed on the basis of the facts, reasons and evidence shall be presented in the previous review have informed the applicant of the notice.

    (3) the principles of At the time of substantive examination of patent application for invention, the examiner should shorten the review process as much as possible. In other words, the Inspector will try to settled as soon as possible.

    Therefore, unless you are sure that the application had not been authorized by the prospect, the inspector should review notices for the first time, the application does not comply with the patent law and its implementing regulations require all issues notice to the applicant, requesting a reply to all questions within a specified period, as far as possible to reduce the frequency of communication with the applicant, to save the program.

    However, it should be noted that the Inspector, shall not be violated to save programs on the grounds of principle and the principle of hearing. 3.

    Verification of application documents and actual trial preparation 3.

    1 check the application of the international patent classification

    Inspectors after the receipt of the application, regardless of whether the recent review, you should first check the application of the international patent classification.

    Inspector considers the application does not fall under its review of classification, based on patent classification should be promptly dealt with coordination, so as to avoid delays in review.

    Reviewers think the classification number is not exact, but still is responsible for reviewing the scope of their own, should be allowed to correct classification number. 3.

    2 check the application documents Belonging to the inspector responsible for review of the classification of applications or deployment of their applications, regardless of whether the recent review, should be checked in a timely manner an application document.

    Should be handled by other departments of the procedure file and other files has nothing to do with substantive examination, the examiner shall be promptly forwarded to the appropriate Department, so as to avoid delays.

    Law 35

    Rule 50 3. 2.

    1 check startup programs based on Reviewers should check whether substantive examination request in the application document, presented by the time within three years from the date of filing (divisional application see chapter I of part I of this guide 5th. 1.

    Section 2) whether notice of publication of the application for a patent for invention and into the substantive examination procedure; Patent Office decide to substantive examination of the patent application, a notice signed by the Secretary and has notified the applicant of record. 26.

    1 Rule 51.

    1 3. 2. 2 check the application documents
    Reviewers should check the documents required for substantive examination (including application document of the original application document and published, if the applicant the application file is the initiative to revise or during the preliminary hearing should be made at the request of the Patent Office changes also include the amended application documents) are complete.

    Law 30 3. 2.

    3 check the information covering the priority

    Applicant foreign priority, the inspector should check whether the document priority declarations and accepting the earlier application national or intergovernmental authorities issue a copy of the earlier application documents applicants require domestic priority, the inspector should check whether the document priority statement and copy of the patent application document submitted by China for the first time. 36.

    2

    Rule 49 3. 2.

    4 checked other related documents

    Inventions have submitted patent applications in foreign countries, the inspector should check whether the document submitted by the applicant in the country to review its application to retrieve information or review information. 36.

    2 3. 2.

    5 when applying for a flawed document processing Inspectors if found missing from the document above 3rd. 2. Sections 1 to 3. 2. Section 3 basis, referred to in any document or information, or some of the file does not conform to the provisions of patent law and its implementing rules and should return the application flow management and explain the reasons. Inspectors if found missing from the document above 3rd. 2.

    The information referred to in section 4, and convinced that the applicant has access to such information, you can fill out the notice of submission of information, require an applicant to submit the relevant information within a specified period of two months; submitted by the applicant without any justified reason, the time limit is not, the application will be considered withdrawn. In addition, in front of the examination as to substance, the Inspector can best application documents for our perusal in early to see if the applicant needs to submit a reference, if you need to, you can fill out the notice of submission of information, notify the applicant submitted within a specified period of two months.

    This work in advance, to speed up the review process. 3.

    3 personal review archive

    Inspectors check application document, should proceed to establish a personal review archives, record important data I reviewed the case, and later to supplement the information in the review process, in order to keep track of the application review process and their basic information. 3.

    4 review of order 3. 4.

    1 General principles For invention patent applications received, this chapter 3rd. 4.

    In exceptional circumstances referred to in section 2, should review in accordance with the order received, but has received similar patent applications can be put together and reviewed.

    After the applicant responded to the notice of review for the first time, review of applications will continue to review, should be carried out in accordance with the sequence of replies. 3. 4.

    2 special handling

    The following special treatment:

    (1) is of major importance to national interests or the public interest application by the applicant or the competent authority of the requesting, upon approval by the Secretary for the patent, priority review status, and priority in the subsequent review process. 35.

    2

    (2) the Patent Office started its own substantive examination of patent applications, can be taken first.

    (3) retain the original filing date of the divisional application, you can review with the original application. 4.

    Examination as to substance 4.

    1 review text

    Inspectors reviewed the text for the first time are usually submitted by the applicant in accordance with the patent law and its implementing regulations require original application files or request of the preliminary review of the Patent Office Department corrected files. Rule 51.

    1

    When the applicant requests examination as to substance in or the receipt issued by the Patent Office for a patent for invention into the substantive examination phase within three months from the date of the notice, initiative to amend the application for a patent for invention, regardless of whether the modified content beyond the initial description and claims, the scope of, and shall be submitted by the applicant after the application documents as a review of the initiative to revise the text. Applicants in the above requirements many times during active modifications to the application documents, should be the last submitted application documents to review the text. Applicants other than those provided for in the above time active modifications to the application documents, are generally not accepted, submitted its amended application documents and should not be used as the text. Examiners should inform this modification in the review notice text not as a reason for reviewing text and can accept the text as the text before.

    If applicants for of modified not meet patent law implementation rules 51st article first paragraph of provides, but review member in reading the by modified of file Hou think its elimination has original application file exists of should elimination of defects, and meet patent law 33rd article of provides, and in the modified text of based Shang for review will conducive to save review program, is can accept the by modified of application file as review text. 4.

    2 reading the application documents and understand the invention Inspector at the beginning after examination as to substance, we must first carefully read the application documents, and strive to accurately understand the invention. Focuses on understanding the technical problem to be solved by the invention, technique described in understanding to solve problems of technology solutions, and clear all the technical features necessary for the technical programmes, in particular the features which distinguish it from the background technology, should also be aware of the technical effects that technology can bring.

    Inspector in reading and understanding inventions, can be used for necessary records to facilitate further review. 4.

    3 don't have to search to issue a notice of review in the circumstances

    Patent application all the subject belongs to the 10th section of the seventh chapter of this section, the inspector issued a notice of review for the first time without retrieved.

    It is to be noted that, if only some of the topics belong to the above situation, and other topics that do not belong to the above situation, the other topics do not belong to the above should be retrieved and then issue a notice of review for the first time. 4.

    4 the lack of a single application processing Patent application lacks a single defect is sometimes obvious, sometimes to be retrieved and reviewed in order to determine.

    Lack of a single defect may exist between the independent claims in parallel to each other, and may also be referred to an independent claim is not novel or creative and existed in parallel to each other between dependent claims may also exist on a claim of more than one parallel between technical programmes. 31.

    1 Rule 34 and 42.

    2

    For the lack of a single application, review one of the following methods can be used for processing.

    (1) notify the applicant modified In reading the application documents, the inspectors immediately to determine the apparent lack of uniformity across applications themes, you can proceed to retrieve (see this part of the seventh chapter of the 9th. 2.

    Section 1 (1)), issue to the applicant a notice, notify the applicant within a specified period of two months to modify its application.

    (2) to retrieve and then notify the applicant modified Search can only be determined after the application of the lack of uniformity among topics, Inspector as the case may be to decide whether to suspend further search and examination or continue further search and examination (see this part of the seventh chapter of the 9th. 2.

    Section 2): If by retrieved and review Hou think first independent right requirements or its dependent right requirements has was authorized of prospects, and other independent right requirements and the has authorized prospects of right requirements Zhijian lack single sex, is review member can suspended on other independent right requirements of retrieved and review, and in first times review views notification book in the only for first independent right requirements or its dependent right requirements proposed review views, while requirements applicants delete or modified lack single sex of other right requirements,

    To overcome the application lacks a single defect. If by retrieved and review Hou confirmed first independent right requirements and its dependent right requirements no authorized prospects, and other of independent right requirements Zhijian lack single sex, review member can suspended on other independent right requirements of retrieved and review, in first times review views notification book in the pointed out that first independent right requirements and its dependent right requirements no authorized prospects of while, pointed out that the patent application lack single sex of defects; also can continues to retrieved and review other independent right requirements, Especially when retrieving very close or overlap to a great extent and review notification for the first time in the book, noting that single defects and other defects (see also this part of the seventh chapter of the 9th. 2.

    Section 2 (1) or (2)). If the requirements of the applicant in accordance with the notice of review for the first time, the applications were consistent with this chapter the 5th.

    As defined in section 2 of the modification, and claims there is no lack of a single defect, the examiner should conduct a review of the claims continue to.

    An independent claim is not novel or creative led his side by side each other dependent claims of lack of uniformity between the reference above (1) or (2) approach. Should note of is, sometimes application of theme Zhijian although lack single sex, especially for independent right requirements not has novel sex or creative and led to its mutual tied of dependent right requirements Zhijian lack single sex, but they by corresponds to of retrieved field very close, or in is big degree Shang is overlap of, in this situation Xia, review member best together retrieved and review these right requirements, in review views notification book in the pointed out that these right requirements not meet patent law and implementation rules of other provides of defects, Also pointed out that applications for lack of a single defect in order to facilitate the review process for saving (see this part of the seventh chapter of the 9th. 2.

    Section 1 (2)). Rule 42. 2 apply whether belonging to the above-mentioned paragraph (1), (2), in which case, the applicant shall, within the time limit specified, to modify their application, for example, to limit the claims to overcome a single defect.

    Expiry of the applicant does not reply, the application will be considered withdrawn.

    Applicants in replies in the on review member on application lack single sex of argument proposed has against views, review Member think against views established, or applicants modified has right requirements book and overcome has single sex defects of, application of review program should continues to for; against views not established, or not elimination single sex defects of, review member can according to patent law 38th article of about provides dismissed the application. 4.

    5 search Each invention patent applications before the patent right is granted shall be retrieved.

    How to identify technology areas for search and retrieval, content to see this part of the seventh chapter. 4.

    Verification of 6 priority 4. 6.

    1 to verify priority Examiners should determine if you need to verify the priority after the retrieval. When retrieving all of the documents public date is earlier than the priority date requested by the applicant, do not verify priority.

    When you receive one of the following situations, you need to verify the priority:

    (1) compared file discloses the subject matter of the application of the same or closely-related content, and documents open at the time of application and required between the priority date and that the documents constituted PX/PY files;

    (2) any units or personal in Patent Office of application by public of content and application of all theme same, or and part theme same, former of application day in which of application day and by requirements of priority day Zhijian, and former of announced or announcement day in which of application day or application day zhihou, that any units or personal in Patent Office of application constitute PE class file;

    (3) any units or personal in Patent Office of application by public of content and application of all theme same, or and part theme same, former by requirements of priority day in which of application day and by requirements of priority day Zhijian, and former of announced or announcement day in which of application day or application day zhihou, that any units or personal in Patent Office of application constitute PE class file.

    (3) situation, you should first verify the priority review applications; when the application for review did not have priority, should also be verified as the compare files by any units or individuals in the Patent Office of the priority. 4. 6.

    General principles of priority 2 verification In General, the verify priority means to verify whether the applicant claims priority in accordance with the patent law provides for the establishment of the 29th. To this end, the review officer shall on the basis of a preliminary examination of sectoral review (see chapter I of part I of this guide 6th.

    Section 2) verified:

    (1) as a basis for claiming priority of the earlier application is involved with claims the right of priority in application for the same subject;

    (2) whether the earlier application is the first application of records on the same subject;

    (3) in the application after the filing date of the earlier application within 12 months from the filing date. Subparagraphs (1) to verify, in the judgment of the later technical solution referred to in the claim is clearly documented in the said earlier application files (description and claims, excluding summary). To this end, the inspector should analyze earlier application as a whole, as long as the earlier application documents clearly record the technical solutions referred to in the later claim, shall be determined after the earlier application and the application relating to the same subject.

    Examiners are not to the claims of the earlier application is not contained in the programme for technical reasons and refused to give priority. Known as clearly documented, described in exactly the same way is not required, as long as the States described in the claims of the application of technical solutions.

    But, if prior application on above technology programme in the a a or some technology features only for has general or vague of described, even just only hinted, and requirements priority of application increased has on this a or these technology features of detailed described, that Yu belongs technology field of technicians think the technology programme cannot from prior application in the directly and undoubtedly to obtained, is the prior application cannot as in Hou application requirements priority of based. In some cases, should be mentioned in sub-paragraph (2) for verification. For example, a pieces application a, to applicants of another a prior application b for based requirements priority right, in on application a, for retrieved Shi review member found has the applicants of and a in application a, of application day and priority day Zhijian announced of patent application file or announcement of patent file c, file c in the has public has application a, of theme, and file c of application day early Yu application a, of priority day, that early Yu application b of application day,

    So you can determine if the earlier application b is not requests for documents from the applicant a first application of the same subject, so applications cannot ask b for priority date the date of filing of the earlier application. 4. 6. 2.

    Part 1 the priority of the verification

    Due to further improvements to the invention in the earlier application or the perfect, after the applicant, in its application, may increase if the earlier application is not in the technical program. In this case, the Inspector in the verify priority, not possible to conclude on the grounds of the later additions to priority claims is not established, should be clear records of the earlier application in the application after the same topics given priority, which is giving some priority. Specifically, in later applications, the technical proposal is clearly recorded in the earlier application claims priority; and its technical programmes are not recorded in the earlier application claims do not have priority, after shall be deemed to be made by the filing date of the application.

    The entire application, a condition known as part of the priority, some of the themes that the applications have priority, that is part of the rights entailed by the request of giving priority to technical solutions. 4. 6. 2.

    More than 2 verification of multiple priorities Rule 32.

    1 If a single patent application requires a number of priorities, the Inspector in the verify priority, should examine the claims of the application, as reflected in the various technical solutions, respectively, as a basis for priority over foreign or domestic patent had been clearly documented. In addition, the examiners to verify all of the application after the filing date of the earlier application within the priority period. These two conditions are met, the later the multiple priorities to set up, and the records of the various technical programmes of the claim have different priority date.

    If some of the claims does not meet the above criteria, but others claim meets the above criteria, priority of claims which do not meet the above criteria cannot be established, and other priority claims meets the above criteria was established.

    If the piece as a basis for priority of foreign or domestic patent applications, are recorded in different technical characteristics, and the later claim is the combination of these characteristics, the number of priority cannot be established. 4. 6.

    3 priority verification handler

    After verification, of the priority does not hold water, the inspector should note in the review notice priority not established grounds, and with a new set of priority date (when there are no other liens, filing date) based on follow-up reviews.

    At the time the application was granted, the inspector shall in the bibliographic notice of changes changes to its priority. 4.

    7 comprehensive review

    In order to save the program, the examiner should normally be issued a notice of review for the first time before the patent application to conduct a comprehensive review to examine whether the application meets the patent law and its implementing rules on substantive and formal aspects of all its provisions. Rule 20.

    2 31.

    1 Review focuses on the description and all claim the existence of detailed rules for the implementation of the patent law of the 53rd. Under normal circumstances, first review application's theme is a fifth of the patent law, 25th case no patent shall be granted under articles or in line with the patent law of the provisions of the second paragraph of article II; whether the practicability of the 22nd of the patent law provided for in the fourth paragraph of article; instruction in accordance with the patent law of the 26th article topic of asking for full disclosure of the requested protection. Then examined whether the claim qualified technical proposal with article 22nd of the patent law and the provisions of the third paragraph of novelty and inventiveness; 26th claims in accordance with the patent law provisions of the fourth paragraph, the specifications based on the qualifying requirements clearly and briefly the scope of patent protection; an independent claim is a complete technology solution to solve technical problems.

    In for above review of process in the, also should review right requirements book whether exists lack single sex of defects; application of modified whether meet patent law 33rd article and the implementation rules 51st article of provides; points case application whether meet patent law implementation rules 43rd article first paragraph of provides; for rely on genetic resources completed of inventions, also needed review application file whether meet patent law 26th article fifth paragraph of provides.

    If the Inspector has reason to believe that petitions are inventing was done in China, to foreign patents and confidentiality has not been submitted to the Patent Office before the review shall examine whether the application meets the provisions of patent law article 20th.

    Rules 17~19 and 21~23

    Applications listed in the 53rd of the implementing regulations of the patent law does not exist, or the 53rd of the implementing regulations of the patent law of the circumstances listed in article substantive defects but the prospect, as amended, is still authorized, in order to save the program, the inspector should also review its compliance with all other provisions of the patent law and its implementing rules.

    Reviewers have exactly understood after the retrieval request for contribution to the protection of the subject matter and the prior art, the main work of this period is based on the results of the review to focus on positive or negative judgments. 4. 7.

    1 review of claims According to the 26th of the patent law provisions of the fourth paragraph, claims should be based on the instructions clearly and concisely state requires the scope of patent protection. Under the provisions of article 59th of the patent law, the scope of patent protection for its claim as the norm.

    Therefore, the substantive examination should focus on the claims, particularly independent claims.

    Under normal circumstances, in determining the application of topic does not belong to the fifth of the patent law, 25th, no patent shall be granted in situations provided for in article, in line with the patent law of the provisions of the second paragraph of article II, the practicability of 22nd of the patent law provided for in the fourth paragraph of article and instructions after full disclosure the subject of protection should be following review of claims. 22. 2.

    3

    (1) in accordance with this part of chapter III and the provisions of the fourth chapter review of the independent claim is novel and creative. If upon examination, considers that an independent claim does not have the novelty or inventive step, should be further examined whether the dependent claim possess novelty and inventiveness.

    If upon examination, considers that all the independent claims and dependent claims do not have the novelty or inventive step, is to review the claims do not have to continue.

    If upon examination, considers that an independent claim is new and creative, or an independent claim does not have the novelty or inventive step, however dependent claims have the novelty and inventive step, the prospects of that patent application has been granted, the inspector should follow the principles of program savings, following the claims paragraph (2) to (7) of the review. 26.

    4

    (2) review of claims all claims whether specifications (and photos) support, as well as whether it clearly and concisely state the requirements the scope of patent protection. Rule 20.

    2 (3) review the independent claim is a technical problem to be solved by the invention of complete technology solutions.

    Determines whether the technical proposal of an independent claim key to complete, is to see if the independent claims recorded all the technical features necessary for solving the technical problems mentioned above.

    (4) examine whether dependent claims in line with the 20th article of the implementing regulations of the patent law and provisions of 22nd. Rule 21.

    3

    (5) examine whether an invention is only one independent claim, and write this independent claims in the same invention before the dependent claims. Rule 19.

    3

    (6) the technical terms in the claims under review (scientific terms) compliance with provisions of the first paragraph of article III of the implementing rules of the patent law, is consistent with the technical terms used in the manual. 9.

    1 (7) If you retrieve any units or individuals in the same application the day patent documents belonging to the same invention, should be taken to avoid the repetition of the same claim authorization. Relating to the same invention are handled, apply the provisions of chapter III of this part of the 6th section.

    If two or more pieces of invention patent applications relating to the same invention, it should be reviewed by the same Inspector, Inspector of the referral request in principle by the first review. It is important to note, for some applications, due to problems such as claims is not clear, and causes the Inspector to not to review the applications for claims of novelty and creativity, you should first review on these issues.

    While an inspector in accordance with the understanding of instructions, instructions in the technical programmes relating to new or creative review for applicants ' reference. 4. 7.

    2 review the description and abstract 26. 3.

    4 59.

    1 Specifications (and photos) to open invention shall be clear and complete, skilled technicians in the field can be realized.

    Meanwhile, manual as a basis for claims, in determining the scope of patent protection, to explain the content of the claims.

    Specifications (and photos), the inspector shall examine the following information: 26.

    3 (1) instruction manual (and photos) is clear and complete disclosure of the invention, the skilled technicians to implement in the field of; manual recording technology solutions to solve technical problems and expected the beneficial effects of the invention (see chapter II of this part of the 2nd.

    Section 1); 26.

    4, rule 17

    (2) the claims described in the technical proposal for protection can be found in the manual under the scope of, and description of the invention described in the content section of the technical solutions and claims as defined by the corresponding technical consistency of programme formulation; (3) manual contains content relevant to article 17th of the implementing regulations of the patent law, in accordance with the manner and order and standard terminology, clear statement (see chapter II of this part of the 2nd.

    2 section).

    If the nature of the invention in other ways or order instructions can save space and accurate understanding of the invention to others, is based on the 17th of the implementing regulations of the patent law the provisions of the second paragraph of article, this kind of writing is allowed.

    Patent application consists of one or more nucleotide or amino acid sequences, should review the instructions include meet the required sequence listing. For the application contains drawings, drawings shall be reviewed for compliance provisions of 18th of the implementing regulations of the patent law (see chapter II of this part of the 2nd.

    Section 3).

    In the drawings is not required to apply for, its description may not contain detailed rules for the implementation of the patent law article 17th paragraph (d) of the content. Rule 3.

    1

    In addition, reviewers should also examine whether the technical terms used in the specification standard; foreign names, place names, and there is no standard Chinese translation of technological terms, annotated text and so on.

    Rule 23 Examiners should also pay attention to the abstract of the specification of the review. Abstract review of the application of chapter II of this part of the 2nd.

    The provisions of section 4. Inspector in accordance with this Chapter 4th. 7. Section 1 (1) after reviewing, if you believe all the claims are not innovative or creative, you should pay attention to the instructions in the document with the original independent claims belong to the same general inventive concept and novelty and creativity of other technical programmes to determine application belongs to the 4th in this chapter. 10. 2.

    Listed in section 2 (3) case is subsection (4). 26.

    5 Rule 26.

    2 4. 7.

    3 reviewing other application documents

    Relying on genetic resource he belongs, the inspector should also be examined whether the applicant has submitted the Patent Office to develop sources of genetic resource disclosure form, description of the source of genetic resource disclosure form, if the genetic resources of the direct source and the original source did not state the original source, whether stated the reason. 4.

    8 is not a comprehensive review of the situation For a patent application, usually 4th shall, in accordance with this chapter.

    The requirements of section 7 to conduct a comprehensive review to save the program.

    But, application file exists serious not meet patent law and implementation rules provides of defects of, that exists patent law implementation rules 53rd article by column case of defects, and the application impossible was grant patent of, review member can on the application not for full review, in review views notification book in the only pointed out that on review conclusion up led role of real defects can, at pointed out that its secondary of defects and/or form aspects of defects is no actual meaning of.

    Rule 48 4.

    9 the handling of public comments

    Any person who does not meet the requirements of the patent law to the Patent Office for a patent for invention shall be deposited in the application document for consideration by the examiner at the time of substantive examination. If public opinion were received after the patented notifies the Inspector, you don't have to consider.

    Public comments received by the Patent Office to handle the situation without notice comments public. 4.

    10 the first review notice 4. 10.

    1 General requirements

    Inspectors after substantive examination of applications, usually in the form of notice of review, and notify the applicant will review comments and tendentious conclusions. In the body of the notice of review, the inspector must, in accordance with the patent law and its implementing rules specifically addressed review comments.

    Review comments should be clear, specific and enables the applicant to clearly understand their problems in applications. In any case, the opinion shall state the reason of the review, a clear conclusion, and detailed rules for the implementation of the patent law or patent law-related articles, but not the words should be written with a personal emotion. As soon as possible in order to enable the applicant to meet the requirements of the modifications made and, if necessary, can ask the Inspector to modify the recommended references for the applicant to modify.

    If the applicant accepts the Inspector recommends, should be formally submitted a modified file, changes proposed in the notice, the Inspector recommends no text for further review. In order to expedite the review process, should minimize the number of notice of review. Therefore, in addition to the prospects for applications not authorized by serious substantive defects (such as 4th of this chapter. Section 3, 4th. Section 8) or an inspector because of lack of uniformity postponed continues to review, notice of review shall state clearly the Inspector for the first time on the substance of the application and of all the views in the form.

    In addition, the text does not meet the requirements of patent law article 33rd case, the Inspector can review text other than the text of the review comments for applicants ' reference. 4. 10.

    2 components and requirements

    First notice of review should include standardized forms and notices the body.

    Review documents referenced in the notification, as appropriate, should also include copies of the documents. 4. 10. 2. 1 standard table
    Inspector shall completely fill out a standard form in accordance with requirements contained in the content, paying particular attention to make sure and fill out the review is based on the text, the review is based on the text should be based on the 4th of this chapter. Sections 1 to confirm the review text, its reference in the body of the notice of review review does not in this form, fill in the text.

    There are two or more applicants, it shall clearly state the applicant or its representative.

    In reference documents in the standard form, the inspector shall, in accordance with the following requirements to fill out.

    (1) documents for patent documents (prospectus refers to the specification of a patent or patent application), it shall be in accordance with the "international cooperation in information retrieval among patent offices of the Paris Union Committee" (ICIREPAT) provisions, indicate country code, document number and document type, in addition, these documents must be shown the open date; inconsistent application should also indicate its filing date.

    For example: article name open day CN1161293A1997. 10.

    8 US4243128A1981. 1.

    6 Zhao 59-144825, JP (a) 1984. 8.

    20

    (2) compared file for journal articles, shall clearly state the name of the article, the author name, journal, periodical volume number, starting and ending pages of relevant content, date of publication, and so on.

    Example: "laser coordinate measuring machine", China National Institute of metrology-laser two-coordinate measuring instrument panel, measurement journals, 1th, 2nd, 84th to 85th pages, April 1980.

    (3) documents for the book, shall indicate the beginning and ending of the book title, author name, relevant content pages, name of the Publisher and date of publication.

    For example: "discharge", Yang Jinji, No. 258 to No. 260 page, science press, October 1983. 4. 10. 2.

    2 notice of review body

    Depending on the specific circumstances and the search results, the notice text can be written in the following way. (1) application belongs to the 4th in this chapter.

    Referred to in section 3 can be issued a notice of review in the case without retrieving, body just pointed out that the main problems and the reasons for the notice, without having to point out any flaws, pointing out that because they belong to the 53rd of the implementing regulations of the patent law a rejection situation under article, depending on the 38th of the patent law to reject the application.

    (2) application although can was grant patent, but also exists some not important of defects of, to speed up review program, review member can in notice in the proposed specific of modified recommends, or directly in as notice annex of application file copy pieces Shang for recommends sex modified, and in notice body in the description recommends of reason, then pointed out that, if applicants agreed review member recommends of modified, should official submitted modified of file or replaced page. (3) application for patent can be granted, but there are more serious shortcomings and defects involving both the claims and the specification and body shall, in accordance with the notice of review comments written in order of importance.

    Typically, first to the independent review of the claims, followed by reviews of dependent claims; again is the specification (and photos) and the abstract of the specification of the review.

    Review comments on the manual, you can follow the article 17th order statement of the implementing regulations of the patent law. Independent claim must be modified, usually corresponding to the relevant part of the specification of the applicant should be required to modify.

    In addition, if the inspectors retrieved more than manuals cited in the documents of the applicant-related documents, then in the body of the notice, shall request the applicant to specification background technical and other related parts accordingly modified. Rule 21.

    1 Rule 17.

    1 (2) For improved invention, the inspector if a closest to the invention was retrieved documents, originally used as an independent claim submission is based on the documents apparently do not fit, you shall request the applicant to an independent claim boundaries.

    In this case, the notice should also detail the body according to reference this comparison paper submission and requires the applicant to corresponding modifications to the specification, for example in the background part of the specification for the contents of the documents public as objective commentary.

    If the manual does not clearly documented or just general account of the technical problem to be solved by the invention, but reviewers by reading the entire manual content, able to understand the technical problem to be solved by the invention, and the search and substantive examination, the inspector should be in the body of the notice clearly states that at the outset the invention to solve the technical problem that. (4) applications because they do not have the novelty or inventive step cannot be granted, the Inspector in the body of the notice, each claim must be the novelty or inventive step objections, first of all to review the independent claim, then the dependent claims are reviewed one by one.

    However, the higher in the claim or objection under the same reasons, or you can group the dependent claims reviewed; Finally, it should be noted that the instructions nor the substance of which patents can be taken.

    In such a case, the examiner need not be pointed out that in the body of the notice minor flaws and deficiencies in forms, or require the applicant to make any changes.

    Reviewers in the review notice based on the contrasting views of some part of the file that is referenced, it should be noted that documents related to specific paragraphs or parts marked in the figure of the drawings and drawings.

    According to the 22nd of the patent law provisions relating to novelty and inventive step, review comments on the contents of the claims and the specification and justification, see the contents of the third and fourth chapters in this section.

    Reviewers in the review referred to in the notice of prior knowledge in this field should be definitive, reference to an inspector if the applicant objects to the public knowledge, the inspector should be able to provide justification or evidence to prove it. Rule 42. 2.

    1 (5) application belongs to the 4th in this chapter. Section 4 (1) referred to the apparent lack of a single case, the Inspector may issue a notice, request the applicant to amend the application documents, and clearly inform the requested to overcome a single defect of a review application belongs to the 4th in this chapter. Section 4 (2) described in the case, Inspector specific comments in the body of the notice of review at the same time, it should be noted that applications contain inventions do not meet the provisions of the patent law of 31st article about a single. Inspectors search and found an independent claim does not have the novelty or inventive step, resulting in a lack of uniformity of the invention patent application should be based on the 4th of this chapter.

    The provisions of section 4, and decide whether to proceed with the review. 4. 10. 2.

    3 copies of the documents Review of documents referenced in the notice should be a copy in the application file. When referring to the comparative length of long documents, you can simply copy and review the relevant part of the text of the notice.

    In addition, copies of documents should be clearly marked, indicating their source and open days, in particular the documents cited in journals or books, and needs to include the tags.

    Law 37 4. 10.

    3 reply deadline In the review of notice of views, the inspector shall designate a response deadline. The terms considered by the examiner and the applicant identified the relevant factors. These factors include: the number and nature of reviews; the workload and complexity of the application may be modified.

    Reply to a first notice of review for a period of four months. 4. 10.

    4 signed Notice of review shall be stamped by the Inspector in charge of review.

    If the notice of review was drafted by the practice review should be reviewed by the practice and is responsible for directing the review of Inspector of the common seal. 4.

    11 continues to review In the applicant's reply after the first notice of review, the inspector shall conduct a review of applications will continue to, taking into account the views of the applicant and/or to request changes to the file.

    Inspectors shall, in all stages of the review process, using the same standard of review.

    Before proceeding with the review, the inspector shall verify the response file application number, applicant, patent agents and attorneys, invention names and other matters in order to avoid mistakes. If an inspector in writing for the first time prior to the notice of review, has conducted a comprehensive review on the application, are continuing their review should focus on the applicant notice of the review presented in the body of the response, particular attention should be paid to the applicant for all or part of the review argued the evidence submitted and for the reasons stated. If the applicant submits a revised manual and/or claims, the examiner should first in accordance with the patent law of the 33rd and 51st article of the implementing regulations of the patent law provides that review modifications beyond the initial description and claims, the scope of and modified in accordance with the notice of review requirements (see section 5th.

    2); If you modify to meet the above requirements, further examined whether the modified application to overcome the defects pointed out in the review notice, if there are any new defects does not meet the relevant provisions of the patent law and its implementing rules, in particular the new amended independent claim compliance with the provisions of the patent law of 22nd, so as to determine whether the revised application for patent can be granted. 4. 11.

    1 review of applications will continue to deal with the aftermath of

    After inspector to continue the examination of the application, depending on the circumstances, you can apply for the following kinds of treatment. (1) according to the reviewer's opinion of the applicant, the application was amended, eliminating the defect may result in being rejected, the modified application for patent right may be granted, if the application still has some defects, once again, the inspector shall notify the applicant to eliminate the deficiencies and, if necessary, can also meet with the applicant (see section 4th. Section 12) to speed up the review on individual issues, if possible, reviewers can use this Chapter 4th. Referred to in section 13 of the discussion with the applicant by telephone, but apart from the Inspector to modify ex officio the obvious errors (see the 5th in this chapter. 2. 4. 2 and 6th. 2.

    -2) in the case of, regardless of what's proposed amendments, must be written to modify the file submitted by the applicants as the basis.

    Law 38

    (2) after the application after the applicant has made the comments or amendments, still exists in the original review notice pointed out, belongs to the 53rd of the implementing regulations of the patent law as provided in article defects, on the premise of consistent with the principles of hearing, the Inspector may decide to reject the application.

    Law 39

    (3) application for modified views or the applicant has met the provisions of patent law and its implementing rules, the inspector shall issue a grant letters of patent. 4. 11.

    2 supplementary search Continuing review (including a review after review) and, if necessary, supplement the inspector should be retrieved. For example, after reading the reply of the applicant, the Inspector aware, the original understanding of the invention is not accurate enough, which affects the comprehensiveness of the search, or the files have been modified by the applicant on the application requires further searching; retrieve it or the first time you retrieve to this part of the seventh chapter of the 4th.

    Section 2 (2) that may constitute a conflict with the application described in specify the file of an international application in China (see 11th section of this part of the seventh chapter), and the supplementary search is needed to determine whether it has entered the national phase in China, and Chinese public. 4. 11.

    3 notice of review comments 4. 11. 3.

    1 once again issued a notice of review in the circumstances

    When one of the following conditions occurs, the inspector shall again give notice of review:

    (1) inspectors found more documents related to the subject matter of the application, the claim needs to be reassessed;

    (2) in the first phase of the review, the reviewer is not a claim or several claims review comments made, after review by the continuing, which does not meet the requirements of the patent law and its implementing rules;

    (3) after the applicant and/or after making changes, the Inspector considers it necessary to propose new review;

    (4) the modified application for patent right may be granted, but there are still defects does not meet the requirements of the patent law and its implementing rules, which may be modified after the emergence of new defects, reviewing newly discovered flaw already informed applicants, and no elimination of defects;

    (5) the Inspector intends to reject the application, but the former notice of review to the applicant makes it clear that the book is not dismissed on the basis of facts, arguments or evidence. 4. 11. 3.

    2 once again review the contents of the notice and demand

    First review written notice and notice of request also suitable for review again.

    Submitted by the applicant in reply to the notice of review, modify the text, the inspector should modify the text of review comments, pointed out that the revised statement of claim and in the existing problems.

    In response, the applicant is only making a statement without modification to the application documents, the Inspector will normally be reviewed again in the body of the notice, adhere to views that were previously discussed; but if the applicant has good reasons, or in this chapter 4. 11. 3.

    Some of the cases referred to in section 1, the examiner should take into account the new comments.

    In review notice again, the inspector should be argued in the statement submitted by the applicant to carry out the necessary review. In order to expedite the review process, and again, notice of review the conclusions of the review of the application should be explicitly informed the applicant.

    Review response for a period of two months specified in the notice. 4.

    12 meeting In some cases, such as 4th of this chapter. 11. Section 1 (1) the situation described in, the examiner may invite the applicant to meet to speed up the review process.

    Applicants requesting a meeting at this time, the Inspector thinks useful purpose can be served by meeting, should agree to meet requests from applicants and vice versa, the Inspector may refuse to meet requirements. 4. 12.

    1 met the conditions

    Meeting provided that:

    (1) an inspector has issued a notice of review for the first time, and

    (2) the applicant in reply to the notice of review at the same time or after the meeting request or review on the merits of the need to issue an invitation. Both examiner invited, also meeting is requested by the applicant, shall be agreed in advance. May use the notice of meeting or appointment via telephone, meeting a copy of the notice meeting and conventions call logs should be stored in the application file. Meet stipulated in the notice of meeting or telephone records, shall be indicated by the Inspector confirmed the content of the meeting, the time and place.

    If the inspector or preparing new documents submitted during the meeting should be submitted in advance to the other party. Meeting determined generally not change must change, shall notify each other in advance.

    Applicants without a legitimate reason for not attending the talks, inspectors can no longer arrange meetings and writing continue to review. 4. 12.

    2 meeting and participants

    Place of meeting shall be designated by the Patent Office, an inspector shall not in other locations were set to meet with the applicants on issues related to the application. Meetings chaired by the Inspector is responsible for reviewing the application. If necessary, you can experience other reviewers are invited to assist.

    Internship meetings chaired by the Inspector, an inspector shall be responsible for the direction to attend.

    The applicant appoints a patent Agency, must have an agent to participate in the meeting. Agents participating in the meeting shall show the agent license. Change agent of the applicant, should go through the description of project change procedures and cataloguing project change procedures qualified by change agents after attending the talks.

    In the case of principal-agent institution, attending the talks with the agent of the applicant.

    The applicant has not appointed a patent Agency, the applicant shall participate in the meetings; applicant unit, specified by the unit staff, the personnel participating in the meeting should produce evidence of their identity document and issue a recommendation. The above provisions also apply to the joint applicant.

    Unless otherwise noted or entrust an agency total patent applications from units or individuals shall participate in the meeting.

    If necessary, the invention specified by the applicant or person who commissions, meetings with agents, or where the applicant has appointed an agent entrusted by the applicant on behalf of the applicant to participate in meetings.

    The total number of applicants or agents participating in the meeting, no more than two members; two or more units or individuals of a patent application, and no delegate Agency, you can jointly apply for units or the number of individuals determined number of people attending the talks. 4. 12.

    3 meet records Following the meeting, the inspector should fill out the meet record.

    Meet records in the standards set by the Patent Office unified form, in duplicate, by reviewers and participate in meetings of the applicant (or his agent) signature or seal, and hand a copy to the applicant, by leaving a copy of the application file. Typically, meeting record shall be indicated in the issues discussed, conclusions or agreed to modify the content.

    If many of the issues discussed in the meeting, for example, concerning novelty, creativity, modification introduces new content and other aspects of the problem, the inspector should be documented discussion and consensus views. Meeting records cannot replace formal written response of the applicant or modified.

    Even during the meeting, the two sides reached a consensus on how to modify the application, the applicant must also submit a formal amendment file again, the Inspector cannot be modified.

    During the meeting, the application file changes without consensus, reviews writing continued.

    Law 37 Met Hou, need applicants again submitted modified file or made written views statement of, if on original replies term of monitored also continues to exists, is the replies term can not for met and change, or depending on situation extended a months; if on original replies term of monitored has no longer exists, is review member should in met records in the separately specified submitted modified file or views statement book of term.

    Submitted amendments document or statement of opinion as a reply to the notice of review, the applicant fails to reply, the application will be deemed withdrawn.

    During the meetings, the new documents submitted by the applicant, and the inspectors did not receive these documents before the meeting, the Inspector may decide to suspend the meeting. 4.

    13 phone discussion Inspector applicants telephone discussion on problems existing in the application documents, but discussions are only applicable to the secondary of the defect and does not lead to misunderstanding of the issues involved. Reviewers should record the contents of the telephone discussion, and save it in the application file.

    Reviewers agreed in a telephone discussion of the modifications, applicants should normally be submitted after the modification of the written documentation, the inspector shall, in accordance with the modified files making review conclusions in writing. Rule 51.

    4 If reviewers agreed in a telephone discussion of modifying the content belongs to the 5th in this chapter. 2. 4. Section 2 and 6th. 2.

    Referred to in section 2, inspectors can modify these obvious error ex officio. 4.

    14 evidence and field investigations In General, inspectors do not have to in the substantive examination procedure requires the applicant to provide evidence, because the main duties of the Inspector is to the applicant that the application does not comply with the patent law and its implementing rules questions. If the applicant does not agree with the Inspector's view, the decision as to whether to provide evidence to support their claims.

    If the applicant provides the evidence, the inspector shall give the applicant a suitable opportunity, so that it can provide any evidence that may be relevant, unless the inspectors are convinced that evidence also serves no useful purpose. The evidence provided by the applicant may be a written document or mock-ups.

    For example, the applicant provided information on the technical merit of the invention, to justify its application for creative, and if, the applicant provides a physical model demonstrates, to prove that their application is practical. If some of the problems in the application, require inspectors to the scene for investigations to be resolved, it shall be requested by the applicant, by reviewing the substantive examination of the application for the approval of the Minister of the Department, Inspector to the scene to be survey.

    Investigate the costs borne by the Patent Office. 5.

    Reply and modify 5.

    1 reply

    Law 37

    Notice of review issued by the Patent Office, the applicant shall provide a response within the period specified in the notice. Just is a statement of the applicant's reply, can also be further revised the application documents (replacement pages and/or correction). In its reply, the applicant to inform review in the book review in opposition or when you make modifications to the application documents shall be stated in the statement of its views in detail its specific comments, or whether the modifications are in conformity with the relevant requirements and describe how to overcome defects in the original application documents.

    For example when modified in the claims of the applicant to introduce new technical features to overcome the review pointed out that the notification of the claim does not have creative defects, should be specific in its statement that the technical characteristics can be obtained from which parts of the specifications, and instructions to modify rights call for creative reasons. The applicant may request the Patent Office to extend the specified response period. However, requests should be submitted before the expiration of such further period. About extension requests from this part of the 4th section of the seventh chapter v of these guidelines shall apply.

    Patent Office received a reply from the applicant review process can begin after the follow-up, if follow-up program notice or decision has been issued, then again in the original reply to the applicant within the time limit to submit replies, the Inspector will not be considered. 5. 1.

    1 reply

    Law 37

    Rule 2 Notice of review, applicant shall adopt the provisions of the statement of the Patent Office or the way of correction (see part v of these guidelines, Chapter 4th section), to reply within the specified time limit.

    The applicant submitted no specific statement of reply comments or corrections, is the formal response of the applicant, this reviewer can be understood as applicant for review review of the notice of the specific objections, has not overcome the review notice pointed out the defects in the application document. Accepted the applicant's replies should be submitted to the Patent Office Department.

    Reply directly to the Inspector file or comment letters is not considered a formal reply, do not have the force of law. 5. 1.

    2 responses to sign Rule 119.

    1

    The applicant has appointed a patent Agency, submission of statements or corrections shall sign or seal of the applicant applicant is the unit should be stamped; there are two or more applicants, by the signature of its representative or sealed. The applicant appoints a patent Agency, and their responses should be commissioned by the seal of the patent Agency, and signed by the patent agent specified in the power of attorney or seal.

    Patent agents after the change, change patent agents of signature or seal.

    The applicant has appointed a patent Agency, if the reply does not sign or seal of the applicant (when there are two or more applicants, should have all the signature or seal of the applicant, or at least have their signature or seal of the representative), the inspector should be returning the response to the preliminary review Department.

    The applicant appoints a patent Agency, if its response is not stamped patent Agency, or responded to by the applicant himself, the inspector should be returning the response to the preliminary review Department. Rule 119.

    2

    If the patent applicant or authorized agent is changed, the inspector shall verify whether a file has corresponding bibliographic items change notice without the notice, replies should be returned to the Inspector preliminary examination Department. 5.

    2 modifications According to the 33rd of the rules of the patent law, the applicant can modify its patent application, however, modifications to the invention or utility model patent application documents shall not exceed the original specifications and scope of claims records.

    The applicant of the international application submitted in accordance with the provisions of the Patent Cooperation Treaty modifying the file, the same shall conform to the provisions of patent law article 33rd.

    Under the terms of the 51st article of the implementing regulations of the patent law, applicants for a patent for invention requests examination as to substance in and receipt issued by the Patent Office for a patent for invention into the substantive examination phase within three months from the date of the notice, you can apply for a patent for invention offered to modify.

    Under the terms of the 51st article of the implementing regulations of the patent law, the applicant received a notice of review issued by the Patent Office patent application documents are modified after shall modify the defects pointed out in the notice. 5. 2.

    1 modify requests 33rd of the patent law provides for the contents and scope of the changes.

    The 51st article of the implementing regulations of the patent law provides for the timing of the initiative to revise, 51st article of the implementing regulations of the patent law provisions for reply to the notice of review, the change mode.

    Law 33 5. 2. 1.

    1 modifying the content and scope of In the substantive examination procedure, in order to make the application in accordance with the provisions of patent law and its implementing rules, the application file may be several times. Inspector when the applicant submitted amendments document review, strict control of the 33rd of the patent law provisions. Irrespective of the applicant on the application file is the initiative to revise the notices point out modifications of the defect, and may not go beyond the scope of the description and claims records. The initial description and claims records covering the initial description and claims written content and based on the initial description and claims, written content and instruction directly, is without doubt the determination of the content of the drawings. Submitted by the applicant at the time of application the initial description and claims, the scope of, is to review the revised article 33rd conformity with patent law based on application documents submitted by the applicant to the Patent Office in a foreign language text and the contents of the priority document, and cannot be used as a modification of application documents meet the requirements of patent law article 33rd ... But the entry into the national phase of an international application submitted by the original foreign language text, except their legal effects see chapter II 3rd part III of these guidelines.

    3.

    If you modify the content and scope of provisions of article does not meet the 33rd of the patent law, such modifications cannot be allowed. 5. 2. 1.

    2 active modification time Rule 51.

    1

    Applicant only under the following two circumstances for its initiative to revise the invention patent application documents:

    (1) at the time of substantive examination request;

    (2) upon receipt of the issued by the Patent Office for a patent for invention into the substantive examination phase within three months from the date of the notice. Rule 51.

    3

    In response to the Patent Office issued a notice of review, and no further initiative to revise. 5. 2. 1.

    3 reply to the notice of review, changes

    Under the terms of the 51st article of the implementing regulations of the patent law, in reply to the notice of review, and make modifications to the application document should modify the defects pointed out in the notice, if the modified method does not meet the 51st article of the implementing regulations of the patent law provides that such changes will not be accepted.

    However, for although modified of way not meet patent law implementation rules 51st article third paragraph of provides, but its content and range meet patent law 33rd article requirements of modified, as long as by modified of file elimination has original application file exists of defects, and has was authorized of prospects, this modified on can was considered is for notice pointed out that of defects for of modified, thus by this modified of application file can accept. It helps to save the review process.

    However, when the following occurs, and even modify the contents within the initial description and claims the scope of, nor be deemed to be notice that modifications of the defect, and therefore will not be accepted.

    (1) the technical characteristics of the active in the independent claim is deleted, expanded the scope of the claim for protection.

    For example, the initiative to remove technical features from the independent claims of the applicant, or to actively remove a related technical terms, or to actively delete limited range of application-specific technical features, even if the initiative to modify the content does not exceed the original specifications and claims the scope of, as long as the changes lead to extend the scope of claims for protection, this change will not be accepted.

    (2) the initiative to change the technical features of the independent claim, leading to expanded the scope of protection.

    For example, the applicant actively technical features in the original claim "helical spring" is amended as "flexible", although the initial description was recorded in "flexible" feature of this technology, but because of the requests for such changes has been to broaden the scope of protection and therefore will not be accepted. As another example, the 5th in this chapter. 2. 3.

    Section 2 (1) in example 1 to example 4, even if the initial description of the four changes in the records, are not accepted, because such changes has been to broaden its scope of protection is sought. (3) active only in manual records and protected by the lack of the technical content of a single theme as modifications to the stated theme.
    For example, one on bike new hands for a patent for invention, the applicant to describe not only the new handle instructions, but also describes other components, for example, a bicycle seat, and so on. After examination as to substance, claim qualified as a modern creative hands. In this case, the applicant offers to modify, limit the claims to the saddle.

    Since the revised theme with the original theme of lack of uniformity between demands for protection, this change will not be accepted.

    (4) initiated by the new independent claims, this independent claims qualified technical solution does not appear in the original claim.

    (5) the initiative to add a new dependent claims, the dependent claim qualified technical solution does not appear in the original claim. If the applicant submitted in reply to the notice of review, modifying text is not made against the notice of the defects pointed out in the, but under unacceptable conditions mentioned above, the inspector shall issue a notice of review, does not accept the reasons for modifying the text, require an applicant to submit, within a specified period meet the requirements of the 51st article of the implementing regulations of the patent law changes.

    It should also be pointed out that, to the specified expiry date, modify the text submitted by the applicant if it still does not meet the 51st article of the implementing regulations of the patent law provisions or other does not meet the requirements of the 51st article of the implementing regulations of the patent law, the Inspector will modify the text before continues to review, authorize or reject the decision.

    If changes to the current Inspector meets the requirements in the text portion of the text of the new review, it can be pointed out in this notice. 5. 2.

    2 allow modifications

    Here said the "allow modify", which means the 33rd article of the patent law revision. 5. 2. 2.

    1 changes to the claims On right requirements book of modified main including: through increased or change independent right requirements of technology features, or through change independent right requirements of theme type or theme name to and corresponding of technology features, to change the independent right requirements requests protection of range; increased or delete a items or more items right requirements; modified independent right requirements, makes its relative Yu most close of existing technology again delimitation; modified dependent right requirements of reference part, corrected its reference relationship, or modified dependent right requirements of qualified part, To clearly limit the dependent claim requests the scope of protection.

    That change, as long as the technology programme of the claims as amended has been clearly documented in the initial description and claims, it should be allowed.

    Allow modifications to the claim, including the following situations: 22. 2.

    3 26.

    4 Rule 20.

    2 (1) increase technical features in the independent claims, the independent claims are further qualified, to overcome the independent claims no originality or creativity, lack of necessary technology to solve technical problems feature, not yet the specifications according to scope of patent protection or did not clearly qualify requirements and other defects.

    As long as the increase of the technical characteristics of the independent claims described technical solutions within the initial description and claims the scope of, such modification should be allowed. 22. 2.

    3 26.

    4 (2) change the technical features of the independent claim in order to overcome the independent claims not yet the specifications according to, did not clearly qualify requirements patent protection range or no defects such as novelty or inventive step.

    As long as the right to change the technical characteristics of the independence programme does not go beyond the requirements described in the technical specification and claims the scope of, such an amendment should be allowed. Containing the numerical range of values in the technical features of the claim scope changes, only the two end values of the range in the modified values in the initial description and/or claim has been recorded and modified within the range of values in the numeric range of the premise, is allowed. For example, right requirements of technology programme in the, a temperature for 20 ℃ ~90 ℃, compared file public of technology content and the technology programme of difference is its by public of corresponding of temperature range for 0 ℃ ~100 ℃, the file also public has the range within of a specific value 40 ℃, so, review member in review views notification book in the pointed out that the right requirements no novel sex.

    If the application for patent for invention specifications or claims recorded 20 ¡æ ~90 ¡æ specific value within the range of 40 ° c, 60 ° c and 80 c, allows the applicant the right to demand change in the temperature range to 60 ℃ degrees or 60 ¡æ ~90 ¡æ. 22. 2.

    3 26.

    4 (3) changes the type of independent claims, the subject name and the corresponding technical features in order to overcome the independent claim type error or defects such as lack of novelty or inventive step.

    As long as the changes indicated in the independent claims of technical solutions within the initial description and claims the scope, to allow such an amendment. 31. 1 and 26.

    4 Rule 21.

    3

    (4) delete a items or more items right requirements, to overcome original first independent right requirements and tied of independent right requirements Zhijian lack single sex, or two items right requirements has same of protection range and makes right requirements book not briefly, or right requirements not to manual for according to, defects, such of modified not beyond original right requirements book and manual records of range, so is allows of. Rule 21.

    1

    (5) the independent claim in relation to the delimitation of the closest prior art the right.

    Such modifications are not beyond the scope of the original claims and manual records and is therefore allowed. Rule 22. 1.

    2

    (6) to modify the reference part of the dependent claims and correct mistakes in references so that it accurately reflects the original implementation of records in the specification or implementation.

    Such modifications are not beyond the scope of the original claims and manual records and is therefore allowed. Rule 20. 3 and 22.

    1

    (7) modify the limited part of the dependent claims, clearly limited the scope of protection of the dependent claims, so that it accurately reflects the original implementation of records in the specification or embodiments, such modifications are not beyond the scope of the initial description and claims records and is therefore allowed. Claims allows the modification of the above scenarios explained, because these modifications meet the 33rd of the patent law requirements, are thus allowed. But after these amended claims compliance with all other provisions of the patent law and its implementing rules, remains to be inspectors to continue to review it.

    For replies review views notice Shi made of modified, review member to judge modified Hou of right requirements book whether has overcome has review views notification book by pointed out that of defects, such of modified whether caused has new appeared of other defects; for application people by made of active modified, review member should judge the modified Hou of right requirements book whether exists not meet patent law and implementation rules provides of other defects. 5. 2. 2.

    2 changes to the description and its abstract

    For manual changes, there are two cases, one is the specification itself does not meet the requirements of the patent law and its implementing rules changes to the defect, and the other is based on adaptation to the amended claims, both modified so long as it does not exceed the initial description and claims the scope, you are allowed.

    Rule 17 modifications allow description and its abstract includes the following situations. (1) the invention name is modified so that it accurately and succinctly reflect the demand of the subject's name. If an independent claim types include products, methods and applications, the topic of request for protection should be reflected in the invented name.

    Invented name should be as short as possible, no more than 25 words, under special circumstances, for example, chemical patents in the area of application, can allow up to 40 characters. (2) modify the technical field to which invention belongs. Technical field of the invention refers to the classification of positions in the international patent classification reflected in technical fields.

    To facilitate the public and reviewers clearly understand the invention and its corresponding existing technologies should be allowed to modify the technical field to which invention belongs to make it with the international patent classification classification bottom and areas covered in the table.

    (3) modify the background technical parts, fit the theme so that it is required to protect. Independent claim in accordance with the provisions of the article 21st of the implementing regulations of the patent law written by instructions background section should be recorded with this independent claims referred to in the preamble of the existing technology-related content and citation reflects this background technical documents. If the inspectors found than by retrieving referenced in the initial description of the applicant's existing technology closer to the subject of the protection required documents, it shall allow the applicant to amend specification, the contents of the file into this section, citing the document, delete description is not related to the content of the prior art.

    It should be noted that this modification actually adds claims of the original application to the instruction book and manual content not previously recorded, but due to technical modifications involving only background and not the invention itself, and added content is applied for has been known prior art and therefore allowed. (4) modify the invention section with content related to the technical problem solved by the invention, making it compatible with the request the protection of the subject, which reflects the technical solution of the invention from the closest prior art solves technical problems.

    Of course, the amendments should not go beyond the contents of the initial description and claims, the scope of. Rule 3.

    1 (5) the modified contents of invention and the invention's technical programme-related content, make it commensurate with the theme of independent claims for protection.

    If an independent claim was consistent with the provisions of patent law and its implementing rules changes, allows the corresponding changes in the part; if the independent claims without modification are allowed without changing the original technical solutions on the basis of, to straighten out the part text and correct irregular words, harmonization of technical terms and other modifications.

    (6) to modify the content section and the invention relating to the beneficial effects of content.

    Only when a (s) technical characteristics have been clearly documented in the original application documents, and its beneficial effects have not been clearly mentioned, but skilled technicians can directly in the field of land, inferred from the original application file is without doubt the effect of this case, it allows proper modification of the invention has the advantage. (7) modify the description.

    Application contains drawings, the lack of description, allows to add the missing description; description of figures is not clear, made appropriate amendments allowed depending on the context. (8) to best practice or embodiment. This change will allow increase in content are usually limited to fill the original implementation embodiments or specific content sources and reflect the beneficial effects of inventions that have been recorded data by standard methods of measurement (including the standard equipment, furniture).

    If the search results that the original application for the protection of some of the themes have become part of the prior art, the applicant reflect the content of this part of the topic should be deleted, or explicit wording to the existing technology.

    Rule 18 (9) modifying drawings.

    Delete unnecessary words in drawings and notes can be added to the manual text part; modifying drawings marked to make it consistent with the specification text; in the case of clear text, to make local structural clarity, allowing increased local amplification; modifying the Arabic number of the drawings, so that each picture with a number.

    Rule 23 (10) the change summary.

    By modifying the summary clearly state the title of the invention and the technical field, clearly reflect the need to resolve technical issues, technical solutions to solve the problem of points and major purpose; delete commercial advertising diction; replace the abstract drawings so that it best reflects the main technical characteristics of the technical programme. (11) amended by the respective technical field technicians to identify obvious errors, syntax errors, textual errors and printing errors.

    Modifications to these errors must be skilled technicians from instruction in the areas of the overall context and that the only correct answer. 5. 2.

    3 do not allow modification

    Law 33

    As a matter of principle, all instructions (and photos) and the claims do not meet the 33rd article of the patent law changes are not allowed.

    Specifically, if the requested content by adding, change and/or remove part of the skilled technicians in the field of the information differ from the information recorded with the original application, and cannot be directly recorded from the original application information, is without doubt the determination, then this modification is not allowed.

    The application here refers to the original specifications (and photos) and claims records content, not including any of the content of the priority document. 5. 2. 3.

    1 does not allow for increased

    Impermissible increase amendments, including the following.

    (1) some from the initial description (including drawings) and/or clearly identifiable directly claims technical characteristics written claims and/or instructions.

    (2) for the invention of the public clearly or to claim complete and added to from the original specification (including photos) and/or the claims directly, is without doubt the identifying information.

    (3) increase the size of the content is determined through measurement of the drawings parameter characteristics.

    (4) the introduction of additional components that are not mentioned in the original application file, causing the original application without special effects.

    (5) added to their technical field technicians cannot be derived directly from the original filing of beneficial effects.

    (6) added to the beneficial effect of experimental data to illustrate the invention, and/or added to the implementation and application example to verify claims for protection of inventions in the context of the implementation.

    (7) additional drawings that are not mentioned in the original specification, and is generally not allowed; if you include a background of technical drawings, or replacement of the drawings of the prior art in the original drawings to the closest prior art, drawings, then you should be allowed. 5. 2. 3.

    2 does not permit changes

    Cannot allow changing the contents of the amendment, including the following.

    (1) change the technical features of the claims beyond the scope of the original claims and manual records.

    "Example 1" The claim defines an opening on one side of the sleeve. Drawings also gave a three-side gluing together, while opening the cover view.

    If the applicant was later modified to claim "at least on one side and open cover", and the original manual and there is no mention anywhere, "more than one can say", then this change is beyond the scope of the original claims and manual records.

    "Example 2"

    Of the original claim relating to manufacture of rubber components, manufacturing components of the elastic materials cannot be modified unless the instructions clearly specify.

    "Example 3" The original claim for protection of a bicycle brake, later applicants have the right to request modifications to a vehicle's brakes, from the original claims and specifications technical solution cannot be modified directly.

    Such changes are beyond the scope of the original claims and manual records.

    "4" Cannot be obtained directly from the original application file "function term + device", to replace parts or components with specific structural features.

    This change is beyond the scope of the original claims and manual records.

    (2) contents of uncertainty introduced into clear and specific content of the original application file does not contain the new contents.

    "For example" A patent application for synthesis of high molecular compounds, the original application file, only recorded in "high temperature" under the polymerization reaction. When applicants see an inspector cited a comparison file recorded at 40 deg c for the same aggregation in response to the initial description in the "high temperature" changed to "above 40 degrees centigrade temperature." Although "above 40 degrees centigrade temperature" references included in the "high temperature" range, but skilled technicians in the field, and cannot be understood from the initial application to "high temperature" refers to "above 40 degrees centigrade temperature."

    Therefore, this change introduces a new content.

    (3) several separate features in the original application documents, changing into a new combination, and the original application did not explicitly refer to these separate characteristics associated with each other.

    (4) change certain features in the specification, makes changes to reflect the technical content of the original application documents, beyond the scope of the initial description and claims records.

    "Example 1" A patent application for multilayer laminates, in its initial application described several embodiments of different layered arrangements, one of these structures is the outer layer of polyethylene. If the applicant modified instructions, change outer layer of polyethylene to polypropylene, then this modification is not allowed.

    Modified laminate laminate is completely different from the original record.

    "Example 2"

    Recorded in the original application documents "such as coil spring supports" content specification as amended, changed to "elastic supports", resulting in a concrete way of spiral spring support, extended to all possible flexible support, reflects the technology beyond the initial description and claims, the scope of.

    "Example 3"

    Original application file in the limit temperature is 10 ° c or 300 ℃, later revised to 10 ¡æ ~300 ¡æ in the instruction, if according to the content of the original application documents do not directly, without doubt get the temperature range, then the modified beyond the scope of the initial description and claims records.

    "4"

    In the original application documents restrict the content of certain components of composition to 5% or 45%~60%, later changed to 5%~60% in the manual, if according to the content of the original application documents do not directly, without doubt get the content, then the modified beyond the scope of the initial description and claims records. 5. 2. 3.

    3 do not allow delete

    Not allowed to delete certain amendments, including the following.

    (1) from independent right requirements in the delete in original application in the clear finds for invention of necessary technology features of those technology features, that delete in original manual in the always as invention of necessary technology features be description of those technology features; or from right requirements in the delete a and manual records of technology programme about of technology terms; or from right requirements in the delete in manual in the clear finds of on specific application range of technology features. For example, "ribbed sidewalls" changed to "wall". For example, the original claim is "used in the rotation of the pump shaft seal ... ...", the amended claim is "seals".

    This modification is not allowed because not found in the original specification to the basis.

    (2) remove some content from the instructions and results in a modified instruction beyond the initial description and claims, the scope of. For example, a patent application for multilayer laminates, the specification describes several implementations of different layered arrangements, one of these structures is the outer layer of polyethylene. If the applicant modified instructions, coat the outer layer of polyethylene which removed, then this modification is not allowed.

    Modified laminate laminate is completely different from the original record. (3) if in original manual and right requirements book in the no records a features of original numerical range of other Middle numerical, and given compared file public of content effect invention of novel sex and creative, or given Dang the features take original numerical range of a part Shi invention impossible implementation, applicants used specific "gave up" of way, from above original numerical range in the excluded the part, makes requirements protection of technology programme in the of numerical range from overall Shang seems obviously not including the part, Due to the modified beyond the initial description and claims, the scope of, so unless the applicant based on application content shows that the characteristics of the original recorded take was "giving up" value, the invention could not implement, or characteristics of the Scriptures "gave up" after the value, with novelty and inventive step of the invention, or such changes cannot be allowed. For example, in technical programmes required to protect a certain numeric ranges for X1=600~10000, compare files publicly technical content and the technical solutions differ only in the ranges of values for X2=240~1500, X1 and X2 overlap, so the claim is no novelty. Applicants with specific "give up" way to modify the X1, eliminate overlaps with the X2 part of the X1, the 600~1500, will require a scheme which can protect the numeric range changes from X1>1500 to X1=10000.

    If the applicant cannot be based on the original recorded content proves the invention and the prior art in the X1>1500 to X1=10000 range of values relative to the comparison file open X2=240~1500 creative, do not demonstrate that X1 take 600~1500 when, the invention cannot be implemented, such changes cannot be allowed. 5. 2.

    4 specific forms of modified 5. 2. 4.

    1 the author replaced page According to the 52nd of the rules of the implementing regulations of the patent law, modified parts of the specification or claims, shall be submitted in accordance with the format prescribed by replacing page.

    Replacement sheet submitted in two ways.

    (1) submit print replacement pages and modify the chart again. Applies to modifications in this way a lot of description, claims and drawings of all changes.

    Applicants submit a replacement sheet at the same time, to submit a schedule of comparison before and after modification.

    (2) submit reprint replacement pages and changes will be copies of the original control page. This applies to fewer modifications to the specifications and claims.

    Applicants submit a replacement sheet reprint submitted simultaneously to modify the control directly on the copies of the original page, making it easier for reviewers detected modified content. Rules 51 and 52.

    4 5. 2. 4.

    2 an inspector in accordance with terms of reference to modify Typically, modifications to the application must be submitted by the applicant in the form of official documents. For individual text in the application documents, marked changes or additions and deletions and invented name or summary of obvious errors (see section 5th. 2. 2. Section 2 (11) and the 6th. 2.

    Section 2) changes, the Inspector may, on terms of reference for, and notify the applicant accordingly.

    At this point, should be signed with a pen, pencil or ball-point pen to make clearly visible changes, and shall not be modified with a pencil. 6.

    Notice of decision and the patent right may be granted

    Method 38 and 39

    Rule 58 Examiners should be completed in the shortest time of substantive examination of the application. Typically, after the issue of notice of review once or twice, the Inspector may decide to dismiss or give notice of patent right may be granted.

    Notice of decision or upon the issue and modify any submissions of the applicant, reply shall no longer be taken into account. 6.

    1 the decision of rejection 6. 1.

    1 to reject the application of conditions

    Law 38

    Inspector before making the decision, should be determined by the substantive examination of applications belong to 53rd of the implementing regulations of the patent law should be rejected under article of the facts, reason and evidence, notification to the applicant, and to the applicant at least one statement and/or modify an application opportunities. Decision should be made after the second notice of review.

    However, if the applicant in the review comments within the time limit specified in the notice for the first time without notice dismiss the defects pointed out convincing representations and/or evidence, nor for the defects in the application file is modified or modification is only correct typos or replacing expressions technical solutions without substantive change, the Inspector can directly make a decision. If the applicant the application file has been modified, even after modifying files still exist in the application have informed the applicant of the reason be dismissed and evidence of defect, but rejected the facts changed, it shall give the applicant a statement and/or modify an application opportunities.

    But then again changes involve similar defects, if you modify the application documents after there is still enough to have informed the applicant of reason and evidence to dismiss the flaws, the Inspector can directly make a decision, no need to issue a notice of review to accommodate hearing and procedural principles. 6. 1.

    2 dismiss types

    53rd of the implementing regulations of the patent law of rejected patent application provided for in article are as follows:

    Method 5

    Method 25

    (1) the subject of patent applications in violation of the law or social morality or detrimental to public interests, themes or applications is in violation of the law or the administrative regulations of the access to or use of genetic resources, and on completion of the genetic resources, or application themes belonging to the 25th article of the patent law does not grant the patent right for invention of object; 2.

    2

    (2) the patent application is not a product, method or an improvement that the new technical proposal; 20.

    1

    (3) patent applications involved inventions completed in China, and foreign patent was not submitted to the Patent Office for a confidential review of before;

    Law 22

    (4) patents of invention does not possess novelty, inventiveness or utility; 26. 3.

    4

    (5) the patent application without the protection of full disclosure request theme, or the claim is not based on the instructions, or if your claim is not clearly and concisely state requirements the scope of patent protection; 26.

    5

    (6) the patent application is dependent on the genetic resource he belongs, the applicant did not describe the genetic resources in the patent application documents directly to source and the original source could not account for the original source, nor reasons; 31.

    1

    (7) the patent application does not comply with the patent law provisions on single invention a patent application;

    Method 9

    (8) article is in accordance with the patent law of the Nineth of invention patent cannot be patented; Rule 20.

    2

    (9) an independent claim lack of technical features necessary for solving technical problems;

    Law 33 Rule 43.

    1

    (10) application changes or the divisional application beyond the initial description and claims, the scope of. 6. 1.

    3 composition of the decision

    Decision shall include the following two parts.

    (1) the standard forms Standard forms shall be completed in accordance with the requirements of items in; there are two or more applicants should fill out all the applicant's name or the name (see Chapter Sixth 1th part v of these guidelines.

    2 section).

    (2) the body of the decision

    Decision text includes case, the grounds for dismissal, as well as three parts. 6. 1.

    4 decision body writing 6. 1. 4.

    1 case

    Cause part of the concise statement shall be applied for the review process, in particular with regard to the decision of rejection situation and that all review comments (including the use of evidence) and the applicant's reply brief, an led was rejected by defect by decision and dismissed the application. 6. 1. 4.

    2 reasons for rejected

    In part of the cause for rejection, the examiner should discuss in detail decision based on the facts, reasons and evidence, particular attention should be paid to the following requirements. (1) the correct choice of law provisions.

    When it can be based on various provisions of the patent law and its implementing rules when rejecting the application, you should select the most suitable, dismissed by the dominant terms as the main legal basis and briefly pointed out other substantive flaw in the application. (2) with the compelling facts, reason and evidence as a basis for dismissed, the hearing and of the facts, reasons and evidence, 6th in this chapter had been met. 1.

    Rejected the application of the conditions described in section 1.

    (3) does not comply with the patent law of 22nd article and even if modified cannot be granted a patent application, it should be for each claim for each analysis. Reject reason to fully complete, thorough, logical reasoning, language proper, not only invoked legal provisions or assertions.

    Inspector in part of the cause for rejection or argument of the applicant should be briefly reviewed. 6. 1. 4.

    3 decisions

    In part, dismissed by the inspector shall clearly state the reasons for which of the 53rd of the implementing regulations of the patent law of the case, and according to the patent law conclusion of the 38th article leads to dismiss the application. 6.

    2 notice of patent award 6. 2.

    1 give notice of patent right may be granted conditions

    Law 39 Rule 54.

    1 Invention patents after examination as to substance found no cause for rejection of the application, the Patent Office shall grant a patent decision. Before the decision to grant of the patent right shall give notice of grant the patent right for invention.

    Authorized by the text, must be confirmed in written form by the applicant of the text. 6. 2.

    2 issuing notice of grant of patent right should do work In issuing the notice of the grant of the patent right, allows the examiner to prepare Authority ex officio make the following modifications of the text (see the 5th in this chapter. 2. 4. 2 section).
    Rule 51.

    4

    (1) instructions: modify the name of the invention is obviously not appropriate and/or technical field to which invention belongs; correcting typos, incorrect symbols, marks and other amendment obviously not standard terminology; added missing various parts of the specification title, delete unnecessary text in drawings. (2) claims: corrected typos, errors of punctuation marks, incorrect drawings, drawings added brackets.

    However, modifications may cause changes in the scope of protection, it does not belong to the scope of change ex officio. (3) Summary: modifying the inappropriate content and obvious errors in the summary.

    Inspectors made such an amendment shall be notified to the applicant. Review Member also should followed by do following work: in files cover Shang fill in himself determine of the patent of IPC classification, and make this review at of classification ruling head approved; will finishing good of prepared authorized of text into Bulletin bags, while in bulletin bags Shang fill in provides of project and sealed; fill in grant patent of notice (standard form), a type two copies, sealed Hou, a copies binding in files in the, another a copies into application files cover in Clip; finishing good a copies full of files,

    And in cover and back fill in authorized Shi files handover records and authorized issued a records; applicants on invention of name for has modified of, priority by verified has changes of, or by approved of IPC classification, phase for original classification, has changes of, also should fill in "description project change notification single" a type two copies, a copies binding in files first binding article of Home zhiqian, another a copies into files cover in clip. 7.

    Substantive examination of program termination, suspension and recovery 7.

    1 termination of proceedings

    The essence of the invention patent application review process, reviewers dismissed the decision and the decision has come into effect, or give notice of patent right may be granted, or because the applicant withdraw his application, termination or the application will be considered withdrawn.

    For rejected or of the request, the inspector shall in its files on the cover of "real" column is specified in the "rejected" or "authorized" the words, and seal. For each application, the examiner shall establish a personal review of files, for future inquiries, statistics (see 3rd of this chapter.

    Section 3). 7.

    2 suspension of program Substantive examination procedures for patent applications may be vested parties to a dispute over provisions of the first paragraph under the 86th of the implementing regulations of the patent law section request suspension or suspension for property preservation.

    Once the Inspector received a program abort back to file notice, shall, within the prescribed time limit to file the return process management Department. 7.

    3 program recovery

    Patent application due to causes of force majeure or legitimate reason to delay patent laws or their implementing rules specified period caused or the time limit specified by the Patent Office is deemed to be withdrawn and cause the program to terminate, according to the sixth article of the implementing regulations of the patent law and the provisions of the second paragraph, the applicant may request restoration to the patent office terminated the substantive examination procedure, rights are restored, resume the substantive examination procedure the Patent Office. Rule 86.

    3 Due to ownership of a patent application right dispute suspended the substantive examination procedure at the request of the parties, in the patent office upon receipt of the legally effective mediation books or judgements, not involving changes in the rights holders should be restored in a timely manner; involving modification of the rights holders, for the corresponding bibliographic project change procedures after the restore.

    If within one year from the date of such request to suspend, ownership of a patent application right dispute cannot be settled, the petitioner has failed to request an extension of the suspension, the Patent Office will resume suspended the substantive examination procedure itself.

    Inspectors in respect of receiving service of process management review process for recovery of written notice and file a patent application, should restart the substantive examination procedure. 8.

    Front-review with the review continues to review According to the provisions of the implementing rules of the patent law 62nd article, the examiner the patent reexamination Board shall be transferred to lead review of the request for reexamination, the file transmitted and received to lead within one month from the date of the review submissions, the predecessor to review the submissions with files transferred the patent reexamination Board, review by the patent reexamination Board makes its decision.

    Pre audit requirements apply the provisions of chapter II of part IV of these guidelines, section 3rd. Rule 63.

    2 Patent Office to revoke the patent reexamination Board made decision after decision of rejection, the examiner shall continue to review the patent application.

    Continuing review of the application of the provisions of this chapter, but continue with the review process, the Inspector may, on the same facts, grounds and evidence made the decision on rejection of the opposition to the decision (see chapter 7th section II of part IV of these guidelines).

    Nineth chapter on invention patent applications involving computer programs to review certain provisions of 1.

    Introduction

    Review of the invention patent application relates to a computer program has certain particularities, the provisions of this chapter in accordance with the patent law and its implementing rules, the review of patent applications involving computer programs specialty specific provisions.

    Invention patent applications involving computer programs with other patent applications filed in the field of General, General review matters not mentioned in this chapter, shall abide by the provisions of other chapters of this guide, and review patent applications involving computer programs. Said the computer program itself refers in this chapter in order to get a result and can be executed by such devices having information processing capacity as computer code sequence of instructions, or can be automatically converted into a sequence of coded instructions of symbolic instruction sequences or sequence of symbolic statement.

    The computer program itself includes the source program and the object program. Inventions involving computer programs that this chapter refers to address questions raised by the invention, in whole or in part based on the computer program processing through computer computer programs of the Executive process as described above, to control the external or internal objects for the computer or processing solutions. Said the external object control or to deal with some external process or an external control system, to process external data or Exchange; described as internal objects of control or to deal with the internal improvement of the performance of a computer system, computer system with internal resource management, improvement of data transmission.

    Solution does not involve computer programs must contain hardware changes to your computer. 2.

    Invention patent applications involving computer programs review the baseline review should be to protect the solution, namely qualified solutions for each claim. According to the 25th article of the patent law (b) the provisions of rules and methods for intellectual activity no patent shall be granted. Invention patent applications involving computer programs belonging to this part of the first chapter of the 4th.

    Circumstances referred to in section 2, review in accordance with the principles of section:

    (1) If a items right requirements just involved a algorithm or mathematics calculation rules, or computer program itself or just records in carrier (for example tape, and disk, and CD, and magnetic CD, and ROM, and PROM, and VCD, and DVD or other of computer can read media) Shang of computer program, or game of rules and method,, is the right requirements belongs to intelligence activities of rules and method, not belongs to patent protection of object.

    If a claim in addition to the theme name, full content relates only to qualify its algorithm or mathematical rules, or the program itself, or the rules of the game and method, then the claims essentially relate only to rules and methods for intellectual activity, does not belong to the object of patent protection. For example, the program recorded only by the qualified computer-readable storage medium or a computer program product, or qualified by the rules of the game only, does not include any technical features, for example does not include any physical entity qualified computer game devices, due to their substantially dealt only with the rules and methods of intellectual activities, which do not belong to the object of patent protection.

    However, if patent applications to protect the media relates to improvement of its physical properties, such as overlapping layers, track intervals, materials are not included in this column.

    (2) except above (1) by said of case zhiwai, if a items right requirements in on its for qualified of all content in the both contains intelligence activities of rules and method of content, and contains technology features, for example in on above game device, qualified of content in the both including game rules, and including technology features, is the right requirements on overall, is not a intelligence activities of rules and method, not should according to patent law 25th article excluded its get patent of possibilities. According to the patent law the provisions of the second paragraph of article II, the claimed invention in the patent law refers to the product, a process or an improvement that the new technical solutions.

    Invention patent applications involving computer programs only constitutes a technical solution is the object of patent protection.

    If involved computer program of invention patent application of solution programme implementation computer program of purpose is solution technology problem, in computer Shang run computer program to on external or internal object for control or processing by reflect of is followed nature of technology means, and which get meet nature of technology effect, is this solution programme belongs to patent law second article second paragraph by said of technology programme, belongs to patent protection of object.

    If involved computer program of invention patent application of solution programme implementation computer program of purpose not solution technology problem, or in computer Shang run computer program to on external or internal object for control or processing by reflect of not using nature of technology means, or get of not by nature constraints of effect, is this solution programme not belongs to patent law second article second paragraph by said of technology programme, not belongs to patent protection of object.

    For example, if involved computer program of invention patent application of solution programme implementation computer program of purpose is to achieved a industrial process, and measurement or test process control, through computer implementation a industrial process program, according to nature completed on the industrial process the stage implementation of series control, to get meet nature of industrial process control effect, is this solution programme belongs to patent law second article second paragraph by said of technology programme, belongs to patent protection of object.

    If involved computer program of invention patent application of solution programme implementation computer program of purpose is to processing a external technology data, through computer implementation a technology data processing program, according to nature completed on the technology data implementation of series technology processing, to get meet nature of technology data processing effect, is this solution programme belongs to patent law second article second paragraph by said of technology programme, belongs to patent protection of object.

    If involved computer program of invention patent application of solution programme implementation computer program of purpose is to improved computer systems internal performance, through computer implementation a system internal performance improved program, according to nature completed on the computer systems the part implementation of series set or adjustment, to get meet nature of computer systems internal performance improved effect, is this solution programme belongs to patent law second article second paragraph by said of technology programme, belongs to patent protection of object. 3.

    Review examples of invention patent applications involving computer programs

    The following, based on the above review benchmarks to review examples of invention patent applications involving computer programs.

    (1) belonging to the 25th of the patent law, paragraph (b), within the scope of the invention patent applications involving computer programs, does not belong to the object of patent protection.

    "Example 1"

    Use a computer program of calculating PI

    Application overview

    Invention patent application of solution programme is a using computer program solution PI of method, the method first will a square of area with uniform of enough precise of "points" for divided, again for this square of inscribed circle, then implementation a computer program to solution PI π, the computer program first on above square within uniform distribution of "points" for pulse count, then according to following formula for calculation seeking out PI π:

    Π = σ circles "points" count

    Σ in a square "dots" count X4

    In the calculation, if the sample "points" into more fine, then the calculation more accurate value of PI.

    Application for claim

    A method computer program of calculating PI, which is characterized, comprising the following steps:

    Calculations within a square "point" number;

    Within the calculation of the square inscribed circle "point" number;

    According to the formula

    Π = σ circles "points" count

    Σ in a square "dots" count X4

    To solve the PI.

    Analysis and conclusion

    This solution only relates to a computer program to perform a pure mathematical calculation method or rules that nature belongs to the abstract thinking, therefore, the application for patent for invention belonging to the 25th article of the patent law (b) provision of rules and methods for intellectual activity, does not belong to the object of patent protection.

    "Example 2"

    An automatic method for calculating the dynamic friction coefficient μ

    Application overview Solution of the invention patent application relates to a computer program calculation method of friction coefficient μ.

    Traditional methods for measuring friction coefficient is the use of a device at a fixed speed of traction rope being tested, were measured friction the changing location of the S1 and S2, then according to the following formula:

    μ=(logS2-logS1)/e

    Calculate the measured friction coefficient μ of a rope.

    Application for claim

    A computer program implementing automatic calculation method of friction coefficient μ, which is characterized, comprising the following steps:

    Calculating friction variation ratio of S1 and S2;

    Calculating changes in the logarithm of the ratio of S2/S1 logS2/S1;

    Find the logarithmic ratio of logS2/S1 and e.

    Analysis and conclusion This solution is not the improvement of measuring method, but rather a method of numerical calculation performed by a computer program, solving physical quantity-related, but is a numerical solving process, the solution as a whole still belongs to a mathematical calculation.

    Therefore, the application for patent for invention belonging to the 25th article of the patent law (b) the provision of rules and methods for intellectual activity, does not belong to the object of patent protection.

    "Example 3"

    A general conversion method for global language

    Application overview Automatic translation system for just a couple of the existing one or one-to-many or many-to-many language processing system, the existing problem is complex, and various POS tagging in a different way, numerous and complex.

    In response to these defects, patent application and provides a uniform method of translation, world any number of languages, and world auxiliary language tagging in the same way "global language input methods" to achieve integration in different languages in grammar, sentence structure, language conversion, use Esperanto and Esperanto as auxiliary language machine translation of interlanguage.

    Application for claim

    A general conversion method for used computer languages in the world, consists of the following steps:

    Unifying the global language under lexical words start with consonant letters, after consonants in standard syntactic way, forming with a variety of input input language assistant language corresponding to the language;

    Interlanguage and record languages assisted correspondence between language conversions, the interlanguage is auxiliary language Esperanto and Esperanto;

    Its features is, by said entry Shi of standard lexical and standard syntax way and formed world language auxiliary language of standard lexical and standard syntax way same, which standard lexical way for:-m for noun,-x for adjectives,-y for plural,-s for number Word,-f for adverbs; by said standard syntax of way for:-z for subject,-w for predicate,-d for attribute,-n for object,-b for complement, its including predicative,-k for adverbial.

    Analysis and conclusion Although this solution is included in the topic name computers, but to limit it just by using the entire contents of interlanguage in translating through the artificial world language of the entry rules to achieve uniform way to translate the global language. The solution programme not on machine translation method of improved, no in machine translation Shang reflected different language text itself inherent of objective language law and computer combined of improved, but according to invention people himself of subjective awareness on language text conversion rules for again provides and defined, by reflected of just entry language auxiliary language and intermediary language of corresponds to relationship was unified Yu world language auxiliary language of standard Word and standard sentence rules, its nature belongs to patent law 25th article first paragraph subsection (ii) items provides of intelligence activities of rules and method,

    Does not belong to the object of patent protection.

    (2) in order to solve technical problems in using technology, and technical effect of invention patent applications involving computer programs belongs to the technical solution of the patent law provides in article, which belongs to the object of patent protection.

    "4"

    A method to control the rubber molding process

    Application overview

    Invention patent application relates to a computer program to control a rubber molding technology, the computer program can be accurate, real-time control of the process of vulcanization time and overcomes technical rubber moulding processes often occur in the process of curing and defects due to the sulfide, rubber product quality was greatly improved.

    Application for claim

    A method of using computer-controlled rubber molding process, which is characterized by including the following steps:

    Sample the vulcanization temperature via temperature sensor;

    Described in the response to temperature calculation of rubber curing process curing time;

    Determines whether the mentioned curing time meet the prescribed curing time;

    When the curing time meet the prescribed curing time upon termination curing signals.

    Analysis and conclusion The solution programme is using computer program rubber molded forming process process, its purpose is to prevent rubber of had sulfide and owes sulfide, solution of is technology problem, the method through implementation computer program completed on rubber molded forming process for of processing, reflect of is according to rubber sulfide principle on rubber sulfide time for precise, and real-time control, using of is followed nature of technology means, due to precise real-time to control has sulfide time, to makes rubber products of quality was improve, Effect is obtained by technology.

    Therefore, the application for patent for invention is a solution to industrial process control through the implementation of a computer program, belongs to the patent law provided for in article technology solutions, is the object of patent protection.

    "5"

    A method for expanding storage capacity of mobile computing devices

    Application overview Existing mobile computing devices such as laptop computers, mobile phones, because of its size and portability requirements usually use smaller storage capacity of Flash memory cards as storage media, mobile computing devices due to the limitation of storage capacity and cannot handle large storage capacity multimedia data, and thus failed to apply multimedia technology on the mobile computing device.

    Invention patent application provides a virtual device file system methods to expand the storage capacity of mobile computing devices, mobile computing device mass storage space on the server can be used in local applications.

    Application for claim

    Mobile computing device for virtual device file system, an expanded storage capacity, which is characterized, comprising the following steps:

    On a mobile computing device to establish a virtual device file system module, and hang into the mobile device operating system;

    Through the virtual device file system module to the application of mobile computing devices to provide a virtual storage space, and virtual storage space to the read and write requests are sent to the remote server through the network;

    On the remote server, read and write requests from the mobile computing device into a read and write requests to the server are stored locally on the device, and reads and writes the results back to mobile computing devices over the network.

    Analysis and conclusion The solution programme is a improved mobile calculation equipment storage capacity of method, solution of is how increased portable computer, mobile calculation equipment of effective storage capacity of technology problem, the method through implementation computer program achieved on mobile calculation equipment internal run performance of improved, reflect of is using virtual equipment file system module in local computer Shang established virtual storage space, will on local storage equipment of access conversion for on server Shang of storage equipment of access, using of is followed nature of technology means, Get mobile computing devices for data storage not affected by the effectiveness of its storage limit.

    Thus, the invention patent application is a computer program implementing the computer system performance improvement solutions, belonging to the patent law provided for in article technology solutions, is the object of patent protection.

    "6"

    A method for image noise removal

    Application overview Existing technology usually mean filter, replaced by the noise around the mean value of the pixels values to remove noise pixels noise in the image, but this will cause the gray value of adjacent pixels is reduced, resulting in image blur.

    Invention patent application proposed a removal image noise of method, using probability statistics on the in the of 3 θ principle, will gray value fell in are value upper and lower 3 times times variance outside of pixel points as a is noise for removal, and on gray value fell in are value upper and lower 3 times times variance within of pixel points not modified its gray value, to both can effective to removal image noise, and can reduced for removal image noise processing produced of image fuzzy phenomenon.

    Application for claim

    A method of removing image noise, which is characterized, comprising the following steps:

    Gets the input into the computer by the individual pixels of the image data to be processed;

    Use the gray value of all pixels of the image, calculate the mean value and variance value for the image;

    Read all the pixel gray value images individually judge each pixel gray values whether within the mean 3 times up and down variance, if it is, then do not modify the pixel gray value, or the pixel noise, by modifying the pixel gray value to remove noise.

    Analysis and conclusion The solution programme is a image data processing method, by to solution of problem is how in effective to removal image noise of while, and can reduced for removal image noise processing produced of image fuzzy phenomenon, is technology problem, the method through implementation computer program achieved image data of removal noise processing, reflect of is according to has technology meaning of pixel data of gray are value and gray variance value, on gray value fell in are value upper and lower 3 times times variance outside of pixel points considered image noise be removal,

    On gray value fell in are value upper and lower 3 times times variance within of pixel points considered image signal not modified its gray value, avoid like existing technology as on all pixel points are with are value alternative of defects, using of is followed nature of technology means, get both can effective removal image noise and can reduced for removal image noise processing caused of image fuzzy phenomenon of effect, while due to was replaced of pixel points obviously reduced, makes system of operation volume reduced, image processing speed and image quality improve, thus get of is technology effect.

    Therefore, the invention patent application is a computer program for external technical data processing solution, which belongs to the technical scheme of patent law provided for in article, which belongs to the object of patent protection.

    "7"

    A method for measuring liquid viscosity using a computer program

    Application overview Liquid stick degrees is liquid production and application process in the a common of important technology index, usually of liquid stick degrees measurement method is using a rotating type measurement device through artificial operation of way for of, first motor led rotor in liquid in the rotating, rotor turned of angle through pointer in scale disc Shang reverse of angle reflect out, then read scale disc Shang of reverse angle, to measured liquid stick degrees value. The problem with this method is measurement done by manual operation, measurement speed and accuracy, not suitable for real-time detection at the production site.

    Invention patent application to use computer programs to control the viscosity measurement method on measurement of viscosity of liquid through the implementation of a computer program data collection, data processing, and data display for automatic control, achieve real-time detection of liquid viscosity at the production site.

    Application for claim

    A method for measuring liquid viscosity using a computer program, which consists of the following steps:

    Through pre-argument signal handler, suitable sensor speed according to the kind of liquid;

    Started through the probe control probe, the probe above speed rotational shear motion in the liquid, and probe sensor into the liquid viscous resistance values are transformed into electrical signals;

    Through the probe signal handlers, according to the current signal to calculate the viscosity of the liquid, and transfer the calculated viscosity value displayed on the LCD monitor, or through a communication interface to production control center.

    Analysis and conclusion The solution programme is a measurement liquid stick degrees of method, by to solution of is how improve liquid stick degrees measurement of speed and precision of technology problem, the method through implementation computer program achieved on liquid stick degrees measurement process of control, reflect of is on sensing probe of speed selected, and started movement State, sensing probe work process and on by collection technology data of processing process and measurement results of displayed process for control, using of is followed nature of technology means, In order to achieve real-time detection of the liquid viscosity, improve the speed and accuracy of measurement of liquid viscosity effects.

    Therefore, the invention patent application is a computer program implementing measure or test process control solutions, which belongs to the technical scheme of patent law provided for in article, which belongs to the object of patent protection.

    (3) not to solve technical problems, or do not use technology, or did not receive the advantages of invention patent applications involving computer programs, not part of the patent law provided for in article technical solutions, which do not belong to the object of patent protection.

    "8"

    A method of computer games

    Application overview Existing computer games types, an entertaining purpose that is by way of questions and answers, the other is the game growing up, according to the game's growth to achieve the character and the game environment changes. Invention patent applications focusing on the advantages of the two game types in one, implemented by means of questions and answers game characters and game environments change.

    The game provides an interface to the user, based on the game in progress, and will correspond to the problems of the game displayed, when users enter answers to questions, and judge the above answer is correct to decide if you need to change the user operation in the computer game character in-game levels, equipment or the environment.

    Application for claim

    To provide users with both growth and question-and-answer game computer game, is characterized in this method include:

    Hon step users through the computer game device into the computer gaming gaming environment, from the title information stored, to answer the topic information information and game information from the documentation for the game in progress, and displays information to users;

    The results of steps, based on the information provided determines the answer entered by the user should be the answer to the problem in line with the store, if it is, then proceed to the next step, and if not, then returned to questions step;

    Change game state steps, according to results judge steps of judge results and the by storage of question-and-answer results records information, decided by using who operation of game role in the computer game in the of grade, and equipment or environment, if right problem of times reached must of standard, is its grade, and equipment or environment will corresponding upgrade, and increased; if not reached must of times standard, is its grade, and equipment or environment not change.

    Analysis and comments on The solution is to use the public computers quiz process control procedures, to form a question-and-answer games and grow game computer game that combines the method by way of questions and answers as well as game-changing role State, making game characters and environmental changes during the question-and-answer process. The solution the device into the computer games through the game environment and by executing computer programs to control the game, but the game device is known in game device, game control neither game device properties such as data transfer, and internal resource management improvement, or gaming device form or function in any technological change. And the programme by to solution of problem is how according to people of subjective wills to both two species game of features, not constitute technology problem, used of means is according to human developed of activities rules will question-and-answer class game and growth class game combined, and not technology means, get of effect just is on question-and-answer class game and growth class game combined of process for management and control, the effect still just on game process or game rules of management and control, and not technology effect.

    Accordingly, the application for a patent for invention does not belong to the patent law provided for in article technology solutions, not part of the object of patent protection.

    "9"

    A custom learning content way of learning a foreign language system Application overview
    Existing computer-aided learning system for learning content is predetermined by the system, so the user must learn these predetermined content, not according to their language level requirements determine their own learning content.

    Invention patent application can makes user according to himself of needs select learning information, and will information entered to system in the, System program will information in the of sentences segmentation for multiple sentences unit, user will segmentation of sentences unit restructuring and entered to system, System program will user restructuring of sentences and original sentences for compared, and according to advance determine of score standard to out scored scores, then will scores output to learning who.

    Application for claim

    A custom learning content way of learning a foreign language system, which is characterized by including:

    Learning machine, will study selected information input to the machine;

    File receiver module, transmitted by the receiving user language files;

    File segmentation module, the language files to be broken into at least one separate sentence;

    Sentence segmentation module, will be referred to an independent sentence into multiple divide unit;

    Sentence language learning modules that will be output to the user by the segmentation unit, and accepts the user's own restructuring of sentences will be referred to an independent sentence entered by the user's own restructuring sentences comparing according to predetermined criteria to score scores, score is output to the learner.

    Analysis and conclusion The solution is to use a group of computers, program modules constitute a learning system, these modules can receive user identification and language files, compare the sentences of sentences and reorganize user, and outputs the results to the user. The system performed the computer program while learning to control the learning process, but the machine is known, electronic equipment, segmentation to foreign language statements, reorganization, and score neither to the machine's internal performance improvement, nor to the structure or function of the machine in any technological change. And the system solution of problem is how according to user of subjective wishes determine learning content, not constitute technology problem, by used of means is human developed has learning rules, and according to rules of requirements to for, not by nature of constraints, thus not using technology means, the method can makes user according to itself needs itself determine learning content, then improve learning efficiency, by get of not meet nature of technology effect.

    Accordingly, the application for a patent for invention does not belong to the patent law provided for in article technology solutions, not part of the object of patent protection. 25.

    1 (2) 4.

    Chinese character coding method and the Chinese character input method Encoding method belongs to a information expressed method, it and voice signal, and language signal, and Visual displayed signal or traffic indicates signal, various information expressed way as, solution of problem only depends on people of expression wishes, used of solution means only is human provides of coding rules, implementation the coding method of results just is a symbol/letters digital series, solution of problem, and used of solution means and get of effect also not followed nature.

    Therefore, dealt only with Chinese character coding method of invention patent applications belonging to the 25th article of the patent law (b) provision of rules and methods for intellectual activity, does not belong to the object of patent protection.

    For example, a items invention patent application of solution programme just involved a Chinese word root coding method, this Chinese word root coding method for codification dictionary and using by said dictionary retrieved characters, the invention patent application of encoding method just is according to invention people of awareness and understanding, human to developed coding characters of corresponding rules, select, and specified and combination encoding code Yuan, formed said characters of code/letters digital series. The encoding method is not to solve technical problems, do not use technical means, and has no technical effect.

    Therefore, the encoding method of the invention patent application belongs to the 25th article of the patent law (b) provision of rules and methods for intellectual activity, does not belong to the object of patent protection. But, if put encoding method and the coding method can using of specific keyboard phase combined, constitute computer systems processing characters of a computer characters entered method or computer characters information processing method, makes computer systems can to characters information for instruction, run program, to control or processing external object or internal object, is this computer characters entered method or computer characters information processing method constitute patent law second article second paragraph by said of technology programme, no longer belongs to intelligence activities of rules and method,

    Is the object of patent protection.

    For this by encoding method and the coding method by using of specific keyboard phase combined and constitute of computer characters entered method of invention patent application, in manual and the right requirements book in the should description the characters entered method of technology features, necessary Shi, also should description the entered method by using keyboard of technology features, including the keyboard in the on the keys of defined and the keys in the keyboard in the of location,.

    For example, the theme of the invention patent application relates to a Chinese character input method, including from all components in characters, select a certain number of a specific root word roots as a coding step, these codes code assigned to a specific keyboard keys described on the steps, using specific keys on the keyboard the steps according to the rules of Chinese character coding input to input Chinese characters. The invention patent application involves encoding method with a specific keyboard combination of Chinese character input method, through the input method, enables the computer system to run the Chinese character, increasing the processing capabilities of a computer system.

    The application for a patent for invention is a technical problem to be solved, using the technical means, and are able to produce a technical effect, thus the invention patent application technology, which belongs to the object of patent protection. 5.

    Specification of an application for a patent for invention relating to computer programs and the claims of writing Inventions involving computer programs patent specification and claims of writing requirements and other technical fields of application for patent for invention specifications and claims the writing requirement in principle the same.

    Following only the invention patent applications involving computer programs description and claims in terms of writing special requirements as described below. 26.

    3 5.

    1 Manual of writing Specification of an application for a patent for invention relating to computer programs in addition to should describe the invention as a whole technology programmes, must also clearly and completely describe the computer program design and its technical characteristics and the effect of its technical implementation. In order to have a clear and complete description of the main technical characteristics of computer programs, instructions drawings of the computer program should be given in the main flow. Specifications should be based on the computer program processes, in accordance with the chronological order of the process, a natural language to describe each step of the computer program. Instruction level description of the main technical features of the computer processes should be based on the technical staff according to the directions in the field of recorded flowchart and include a computer program that can achieve the effect described.

    For the sake of clarity, if necessary, the applicant can be marked with the usual programming languages a short excerpt of some key parts of the computer source code for reference, but does not need to submit all computer source code.

    Invention patent applications involving computer programs contain the contents of the invention of the computer hardware architecture change, instructions drawings shall be the entity structure diagram of computer hardware, instructions should be based on the hardware entity structure diagrams, clear and complete description of the computer hardware components and their relationships, is subject to this field technicians can achieve. 26.

    4 Rule 20.

    2 5.

    2 written claims Claims of the invention patent applications involving computer programs can be written in a way to claim or claim can be written as a product, that is, device for implementing the method. Regardless of which form of written claims must be supported by the description, and must outline the technical solution of the invention, record technical features necessary for solving technical problems, and not just as a general description of the computer program with the function and the function to achieve the effect.

    If the write method claim, shall be in accordance with the methods detailed description of the steps performed by the computer program functions and how to perform these functions if written device claims shall describe in detail the relationship between the various components of the device and its components, and describe the function of the computer program which components are completed, and how to perform these functions. If all to computer program process for according to, according to and the computer program process of the steps completely corresponds to consistent of way, or according to and reflect the computer program process of method right requirements completely corresponds to consistent of way, wrote device right requirements, that this device right requirements in the of the part and the computer program process of all steps or the method right requirements in the of all steps completely corresponds to consistent,

    Is this device right requirements in the of the part should understanding for achieved the program process the steps or the method the steps by must established of function module, by such a group function module qualified of device right requirements should understanding for main through manual records of computer program achieved the solution programme of function module framework, and not should understanding for main through hardware way achieved the solution programme of entity device.

    Inventions involving computer programs given below are written into device claim and the method of claim example, for reference.

    "Example 1"

    One thing about "cursor control characters on the CRT screen" of the invention patent application, the independent claim can claim to write as follows.

    A CRT display screen cursor control methods, including:

    Enter the steps for entering information;

    For cursor horizontally and vertically moves the starting position to the beginning H/V memory device and the addresses are stored procedures;

    For cursor horizontally and vertically moving and finish the address stored in the H/V and finish the steps in the storage device;

    For the current position of the cursor horizontal and vertical storage device address stored in the cursor position step;

    Characterized by the cursor control methods include:

    For respectively will be stored in the storage device the cursor position the cursor in the current horizontal and vertical address stored in the H/V end position storage device corresponding to its horizontal and vertical end position steps compared to the address;

    The input keyboard output signal and the comparator output signal control transforms the cursor position step this step can choose the following actions:

    Stored in horizontal and vertical cursor position in the storage device address, in a single character position by 1

    Or stored in a memory device of the horizontal and vertical location of the cursor address, in a single character position, 1

    Or storage device is stored in the H/V beginning of horizontal and vertical starting position address to set the cursor position storage device;

    According to the cursor position in the storage device to store state on the display shows the current position of the cursor the cursor display step.

    "Example 2"

    Referred to in the above example 1 claim of invention patent applications involving computer programs written in apparatus claim.

    A CRT display screen cursor controller, including:

    Input device for entering information;

    Used to store the cursor horizontal and vertical starting position H/V the starting location storage devices;

    Used to store the cursor horizontally and vertically moving end H/V end position storage device address;

    Used to store the current position of the cursor horizontal and vertical cursor position storage device address;

    Characterized by the cursor controller includes:

    For respectively will be stored in the storage device the cursor position the cursor in the current horizontal and vertical address stored in the H/V end position storage device corresponding to its horizontal and vertical end position the comparator compares the address;

    The input keyboard output signal and the comparator output signals control the cursor position transducer; the device contains:

    Stored in horizontal and vertical cursor position in the storage device address, granting such increments as single character position 1 device

    Or stored in a memory device of the horizontal and vertical location of the cursor address, according to the single character position 1 of the reduction unit,

    Or storage device is stored in the H/V beginning of horizontal and vertical storage device for the starting address for the location of the cursor position setting device;

    According to the cursor position in the storage device to store state on the display shows the current position of the cursor the cursor display device.

    "Example 3" One on "application of sequence control and servo control computer system" of the invention patent application, which uses parallel processing to open, close, and suspension of three directives, as in the first and the second between parallel processing instructions for sequential control and servo control.

    Written in the independent claims are as follows.

    Utilization of opening, closing and pause instruction as a parallel processing instructions for sequential control and servo control method is characterized by the following steps:

    The sequence of tasks to implement controls or servo control into the program memory of the computer system;

    Starts the computer, CPU perform actions according to the program counter, instruction, and updates the program counter of the instruction being executed;

    When the execution is the usual procedure directive, updates to the program counter with the same computer;

    When OPEN is executing instructions, the program counter is updated after the OPEN the address of the instruction, namely parallel processing program to open the first address, triggering control procedure;

    When close is executing instructions, the program counter address table, select get the address, or the address of the instruction after the close to update, so that the closing instructions program itself or a parallel program to stop execution, accompanied by starting another parallel programs;

    When the order for the pause instruction is executed, the program counter is suspended from the instruction following the address to renew, so that this program needs to be suspended for a certain time, and start another parallel programs during this period.

    Tenth chapter on invention patent applications in the field of chemistry reviews of a number of provisions 1.

    Introduction Review of chemical invention patent applications in the field, there are many special problems. For example, in most situation Xia, chemical invention can implementation often to forecast, must with Yu test results be confirmed to get confirmed; some chemical products of structure is not clear, had to with Yu performance parameter and/or preparation method to defined; found known chemical products new of performance or uses does not means with its structure or composition of change, so cannot considered new of products; some involved biological material of invention just according to Manual of text description hard achieved, must with Yu preserved biological material as added means.

    This chapter in accordance with the principles of patent law and patent law implementation rules, under the premise of and subject to the General provisions of these guidelines, for a review of the handling of chemical invention made of some special problems in certain conditions. 2.

    No patent shall be granted for chemical application for patent for invention 2.

    1 natural substances People from natural substances found in its natural form, is only found, belonging to the 25th of the patent law, paragraph (a) of "Science" cannot be patented.

    However, if the separation or extraction of substances from the natural world for the first time, its structure, form or other physical-chemical parameters were not known prior art, and can be precisely characterized, and value in the industry, then the material itself as well as the methods can legally be granted patent rights of the substance. 2.

    2 material and medical uses Medical uses of the substance if it is used for diagnosis or treatment of disease, then belonging to the 25th article of the patent law (c) provision, cannot be patented. But if they are used in the manufacture of pharmaceuticals, you can legally be granted patent rights (see Chapter 4th. 5.

    2 section). 26.

    3 3.

    Chemical inventions of full disclosure 3.

    1 chemical product inventions of full disclosure Here called the chemical products include compounds, compositions as well as structure and/or organization does not clearly describe the chemical products.

    Protected by the invention of chemical products, specifications chemical products shall be recorded in the confirmation preparation, chemical products, as well as the use of chemical products.

    (1) confirmation of chemical products For compounds invention, manual in the should description the compounds of chemical name and the structure type (including various faculties group, and molecular stereo configuration,) or molecular type, on chemical structure of description should clear to makes this field of technicians can confirmed the compounds of degree; and should records and invention to solution of technology problem related of chemical, and physical performance parameter (for example various qualitative or quantitative data and spectrum figure,), makes requirements protection of compounds can was clear to confirmed.

    Also, for polymer, except should on its repeat unit of name, and structure type or molecular type according to on above compounds of same requirements for records zhiwai, also should on its molecular volume and the molecular volume distribution, and repeat Unit arranged State (as are poly, and copolymer, and embedded paragraph, and received branch,), elements for appropriate of description; if these structure elements failed to completely confirmed the polymer, is also should records its crystal degrees, and density, and II times change points, performance parameter.

    For invented compositions, instructions in addition to the component shall be recorded compositions, each component should also be documented chemical and/or physical status, each component can be selected range, the content of each component and its influence on performance of compositions, and so on.

    Only the structure and/or composition can have a clear description of the chemical product, instructions should be further used in the appropriate chemical and physical parameters and/or preparation methods on description, requesting protection of the chemical products can be clearly identified.

    (2) chemical products preparation For the invention of chemical products, instructions should be documented in at least one preparation method, in the implementation of the methods used by the raw material, process steps and conditions, specialized equipment, and technicians to implement in the field.

    Inventions for compounds, usually need embodiment of the preparation.

    (3) the use of chemical products and/or using effects

    For the invention of chemical products should be completely public purpose and/or use of this product, even if it is the first structure of compounds, should also be recorded at least one uses.

    Skilled technicians in the field cannot be predicted according to the prior art invention can achieve the purpose and/or efficacy, should also be recorded for those skilled in the specifications, sufficient proof of the invention system can implement the purposes and/or achieve the desired result of qualitative or quantitative experimental data.

    For new drug compounds and pharmaceutical compositions, shall record the specific medical or pharmacological effects, and shall record the effective amount and method of use. If you are skilled in the art could not be predicted according to the prior art invention can achieve the medicinal use, pharmacological effect, it should be recorded for those skilled in, prove that the invention's technical solution can solve is expected to solve the technical problems or achieve the expected technical results of laboratory tests (including animals) or qualitative or quantitative data from clinical trials.

    Manual on the effective amount and use method or preparation methods should be documented to skilled technicians to implement in the field of degree.

    Performance data on the effects of the said invention, if existing technology has led to different results of the various measurement methods shall explain the methods of measuring it, if special methods should be described in detail, make skilled technicians in the field of the implementation of the method. 3.

    2 chemical inventions from full disclosure

    (1) for chemical inventions, whether it is the preparation method or other methods, description should be used in the raw material, process steps and conditions and, if necessary, should also be recorded on the objective effect of material properties, skilled technicians in the field according to the specifications documented in the method to implement to solve the invention to solve technical problems.

    (2) methods used in the raw material, a description of its composition, properties, preparation methods and sources, skilled in the art can get. 3.

    3 chemical product invented to fully open For the invention of chemical products, instructions should be documented in the use of chemicals, methods of use and the results obtained, allows technicians to implement in the field of the invention. If your use of the product is a new product, then the records should meet the 3rd in this chapter of the manual for this product. The relevant requirements of section 1.

    If the technicians could not be predicted according to the prior art in the field of the use shall be recorded for the areas of technology, enough to prove that the substance can be used for the described purpose and resolve to solve technical problems or to achieve the effect of data. 3.

    4 on the implementation of

    Given the experimental subjects of chemistry, most inventions require experiments, so embodiment should normally be included in the specifications, such as the embodiment of the preparation and application of products. (1) number of embodiments in the description, depending on the General level of the technical features of the claims, such as side by side summary of selected elements and scope of data; chemical invention, different according to the nature of the invention, specific technical areas, the embodiment of the number is not exactly the same.

    General principle is that implementation should be able to understand how the invention, and to judge claims within a limited range can be implemented and achieved the results.

    (2) determine whether the instruction adequate disclosure of records in the initial description and claims as the norm, embodiments of pay after the date of filing and data will not be considered. 4.

    Chemical invention claims 26.

    4 4.

    1 compound claims Compound claim shall use compound names or characterized the structure or the molecular formula of the compound.

    Compounds shall be common nomenclature to name, product name or code not allowed; the structure should be clear, not ambiguous wording. 4.

    2 composition claims 26.

    4 4. 2.

    1 the use of open, closed, and their requirements Under the terms of the 21st article of the implementing regulations of the patent law, invention of a nature not suitable for independent rights requirements are divided into a preamble and feature two-part writing, independent claim may be written in another way.

    Composition claims this is the case. Composition composition for claims should be components or components, such as components and content features to represent. Composition claims open and closed two expressions. Open composition does not preclude the claim did not point out that component closed said components of the composition includes only points out to the exclusion of all other components.

    Open and closed commonly worded as follows: (1) open to the public, such as "contains", "include", "includes", "basic", "nature" and "mainly by ... ... Composition "," main "," basically ... ...

    Composition "," basic ", which indicates that the composition also comprises claims by pointing out some of the ingredients, even if its on the content, accounted for a larger proportion. (2) closed-end, such as "... ...

    Composition "," composition "," allowance ", which were said to protect the compositions written by noted component, no other components, but with the impurities, the impurity is only allowed with the usual content. When you use open or closed expressions must be supported by the description.

    For example, the composition claims A+B+C if statement does not actually describe in addition to component, you cannot use the open claims.

    Should also be noted that there is, independent claims to a composition A+B+C, if their right to one of the following requirements for A+B+C+D, then open A+B+C to claim, for dependent claims with d; for A+B+C claim that closed, and this independent claims with d. 4. 2.

    2 composition and content in the composition claims limit Rule 20.

    2 (1) if invention of real or improved only is component itself, its technology problem of solution only depends on component of select, and component of content is this field of technicians according to existing technology or through simple experiment on can determine of, is in independent right requirements in the can allows only qualified component; but if invention of real or improved both in component Shang, and and content about, its technology problem of solution not only depends on component of select, and also depends on the component specific content of determine,

    In the independent claim must be qualified components and content, otherwise the claim will be incomplete, lacking the necessary technical characteristics. Rule 20.

    2

    (2) in certain areas, for example in the alloy in the field, the essential component of the alloy and its content should normally qualify in the independent claims. 26.

    4 (3) limit component content, vague term is not allowed, such as "about", "about", "near", and so on, if there is such a Word, should be deleted. Components can use the "0~X", "