Administrative Measures for the Priority Examination of Invention Patent Applications (Bureau Order No. 65)

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Release time:2016-07-19

The Administrative Measures for the Priority Examination of Patent Applications for Invention, which were deliberated and adopted at the executive meeting, are hereby issued and shall come into force as of August 1, 2012.

Administrative Measures for the Priority Examination of Invention Patent Applications

Article 1 In order to promote the optimization and upgrading of the industrial structure, promote the implementation of the national intellectual property strategy, and accelerate the construction of an innovative country, these measures are formulated in accordance with the relevant provisions of the the People's Republic of China Patent Law and the Detailed Rules for the Implementation of the the People's Republic of China Patent Law.

Article 2 The State Intellectual Property Office shall, according to the request of the applicant, give priority to the examination of the application for a patent for invention that meets the conditions, and close the case within one year from the date when the request for priority examination is approved.

Article 3 Where priority examination is carried out in accordance with bilateral or multilateral agreements signed between the State Intellectual Property Office and patent examination institutions of other countries or regions, these Measures shall not be applied in accordance with the relevant provisions.

Article 4 Applications for patents for invention that may be subject to priority examination include:

(I) important patent applications involving energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles and other technical fields;

(II) important patent applications involving low-carbon technologies and resource conservation that contribute to green development;

Where the (III) first filed a patent application in China for the same subject matter and then filed an application in another country or region;

(IV) other patent applications that are of great significance to the national or public interest and require priority examination.

Article 5 The number of patent applications for invention for priority examination shall be determined by the State Intellectual Property Office according to the examination capabilities of different professional and technical fields, the number of patents granted in the previous year and the number of pending examinations in the current year.

Article 6 An application for a patent for invention that requests priority examination shall be an electronic application.

Where a request is made for priority examination of an application for a patent for invention that has not yet entered the substantive examination procedure, the applicant shall initiate the substantive examination procedure.

Article 7 An applicant who has gone through the formalities of priority examination shall submit the following materials:

(I) the "Request for Priority Examination of Invention Patent Applications" reviewed and signed by the intellectual property offices of provinces, autonomous regions, and municipalities directly under the Central Government and stamped with the official seal;

(II) a search report in the prescribed format issued by a unit with the conditions for patent search, or a search report and examination result issued by a patent examination institution of other countries or regions and its Chinese translation.

Article 8 The patent search conditions mentioned in Article 7, Item 2 refer:

The (I) has the conditions for using the patent documents and non-patent documents for search stipulated in the Patent Examination Guidelines;

The (II) retrieval personnel shall have professional technical background and have received training in patent practice and retrieval;

The (III) can be searched by the search personnel in the corresponding professional and technical fields in accordance with the relevant requirements of the "Patent Examination Guidelines" for the invention patent applications that request priority examination.

Article 9 The State Intellectual Property Office shall be responsible for accepting and examining the requests for priority examination, and shall notify the applicants of the examination opinions in a timely manner.

Article 10 For an application for a patent for invention that agrees to have priority review, the State Intellectual Property Office shall handle it in a timely manner, and issue a notice of the first review opinion within 30 working days from the date of agreeing to the request for priority review.

Article 11 With respect to the application for a patent for invention that has been given priority for examination, the applicant shall make a reply or make a correction as soon as possible. The time limit for the applicant to reply to the notice of review opinion is two months. If the applicant delays the reply, the State Intellectual Property Office will stop the priority examination and deal with it as a general application.

Article 12 The State Intellectual Property Office shall be responsible for the interpretation of these Measures.

Article 13 These Measures shall come into force as of August 1, 2012.