Invention patent application priority review of management approaches
(Released June 19, 2012, State intellectual property Office of the 65th since August 1, 2012) first in order to promote the optimization and upgrading of industrial structure, promoting national implementation of intellectual property strategy, speed up the construction of an innovative country, according to the People's Republic of China patent law and of the People's Republic of China patent law, relevant provisions of the implementing rules, these measures are formulated.
Second State intellectual property office in accordance with the request of the applicant to comply with the conditions of the invention patent application for priority review, since the priority review request approval within one year from the date of closing.
Third, according to the State intellectual property office and other national or regional patent review of the Agency's implementation of priority review of bilateral or multilateral agreements, in accordance with the relevant provisions, these measures are not applicable.
Article fourth priority review of application for patent for invention including:
(A) relating to energy conservation and environmental protection, new-generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicle technologies such as important in the field of patent applications.
(B) relates to low carbon technology, saving resources, and contribute to green development of patent applications;
(Iii) the patent applications in China for the first time on the same subject also to other countries or areas of the China's first applications;
(Iv) other national interests or public interests is of great significance for priority review of patent applications.
Article fifth priority, review the number of patent applications by the State intellectual property office in accordance with different areas of expertise of review capacity, pending before the patent grant, and this year the previous year amount determined.
The sixth request priority review applications for invention patent applications should be electronic.
Request had not yet reached the substantive examination procedure priority review of the application for patent for invention, the applicant shall start the substantive examination procedure.
Applicants for priority review procedures under article VII, shall submit the following materials:
(A) review by the provinces, autonomous regions and municipalities directly under the intellectual property office and signed and stamped with the official seal of the invention patent application priority review request;
(B) conditions of patent search unit conforms to the format of the search report, or other national or regional patent issued by the review bodies retrieved reports and the results of the review and its Chinese translation.
Eighth, seventh, patent search conditions are mentioned in article:
(A) the uses provided for in the guidelines for patent examination to retrieve patent documents and non-patent literature search conditions;
(B) retrieve personnel with professional and technical background, trained in patent practice and retrieving training;
(C) can be retrieved by the corresponding areas of professional and technical personnel in accordance with the relevant requirements of the guidelines for patent examination to retrieve the request priority review applications for invention patents.
Nineth, State intellectual property office is responsible for handling requests for priority review and audit and audit informs the applicant in a timely manner.
Article tenth agreed to place priority on the review of the application for patent for invention, national intellectual property offices should be processed in a timely manner, and agreed to give priority review request within 30 business days from the date first notice of review. 11th for priority review of application for patent for invention, the applicant shall reply or correction as soon as possible. Reply to a notice of review of the applicant for a period of two months.
Delayed reply of the applicant, the State intellectual property office will cease to place priority on the review and in the normal application process.
The 12th article of the approach by the State intellectual property office is responsible for the interpretation. 13th these measures shall come into force on August 1, 2012.