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The difference between priority examination and rapid pre-examination (Chinese patent application)

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Release time:2020-08-13

Difference	Priority Review	Fast Pre-Trial
Applicable Type	Invention, Utility Model, AppearancePatent Application, Reexamination and Invalidation Request	Invention, Utility Model, AppearancePatent application, reexamination and invalidation request, patent evaluation report
acceptance organ	Patent Agency of Shenzhen State Intellectual Property Office	China (Shenzhen) Intellectual Property Protection Center
Decision Time	Within 5 working days	Do it
Applicable Subject	Enterprises, institutions, etc., individuals	Enterprises and institutions, etc.
Advance filing	No Advance Filing Required	The applicant should complete the filing in the protection center, and the filing generally takes 1 to 4 months; The production, research and development or business direction of the filing enterprise should involvenew energy or internet industry;
Field of application	National key development industries such as energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing, etc.; involving the Internet, big data, cloud computing and other fields and fast technology or product updates;	The technical field of the patent application for rapid pre-examination shall be.New energy or Internet technology;
Propose the timing	1. The application for a patent for invention shall be entered after the actual examination; 2, utility model patent, design patent applications should be accepted and completed after the payment of patent application fees;	Before submitting an application to the State Intellectual Property Office
Application Materials	1. Patent applicationRequest for priority review(2); 2,Existing technologyor 1 copy of existing design information materials and relevant certification documents; 3,Identification of all applicants(Business License, etc.) 1 copy; 4, all the principal signed a power of attorney 1; 5. One copy of the identity certificate of the client; 6,Invention patent: a copy of the acceptance notice and the notice of the actual examination shall be provided.; 7,Utility model and appearance patent: one copy of acceptance notice and application fee payment receipt is required.	1. Patent application documents: The application file must be in XML format, the XML format file should be produced in the CPC client, and the file compression package should be exported.; 2, patent application fast pre-examination service application form; 3, patent application rapid pre-examination service commitment; 4. Other relevant literature materials.
Cost	The agency fee is 1500 yuan. For the second material-existing technology, if it is necessary to provide the search report issued by the search center of the Patent Office, the official fee is 1500 yuan.	1.1000 yuan for the filing of the main body; 2.500 agency fee for quick pre-examination service/application for each piece.
patent authorization time	After the priority review is qualified, the invention is 7 to 12 months; the utility model and appearance are about 2 months.	After the rapid pre-qualification, the invention is 3 to 6 months; the utility model is about 2 months; the appearance is about 1 month
Other specified time	Patent reexamination cases are concluded within seven months; invention and utility model patent invalidation cases are concluded within five months, and design patent invalidation cases are concluded within four months.	There is no clear stipulation, and the actual time is similar to the priority review.
Other	One of the following conditions can also be processed for priority review: 1. Involving industries that are mainly encouraged by the people's governments of Guangdong Province and cities divided into districts; (2) The patent applicant is ready to implement or has begun to implement, or there is evidence to prove that others are implementing their invention-creation; 3, other national interests or public interests of great significance to the priority review	Faster Prequalification cannot be applied: (I)an international patent application under the Patent Cooperation Treaty (PCT); (II)PCT international applications entering the national phase in China; (III) according to Article 9 (1) of the Patent LawUtility model patents and invention patents applied for by the same applicant on the same day for the same invention-creation; (IV) application for division of cases; (V) applications that require confidential examination under Article 7 of the Implementing Regulations of the Patent Law; Low quality (VI); (VII) involving national security or vital interests; (VIII) other circumstances prescribed by laws and regulations.
Remarks	The above is the Shenzhen policy, each local policy is similar.

Priority review: In order to promote the optimization and upgrading of the industrial structure, promote the implementation of the national intellectual property strategy and the construction of a strong intellectual property country, serve innovation-driven development, and improve patent review procedures, patent applications are based on the State Intellectual Property Office's "Patent Priority Review Management Measures" (2017) Provide priority review.

Fast pre-examination: it means that the intellectual property protection centers in various places provide pre-examination services for patent applications for enterprises that meet the requirements of the corresponding industries, and the State intellectual property Office speeds up the examination of patent applications that have passed the pre-examination of the protection center.

The following are 23 intellectual property protection centers and corresponding fast pre-examination industries:

Serial Number	Protection Center Name	Rapid Pre-Trial Industry
1	China (Beijing) Intellectual Property Protection Center	New generation of information technology and high-end equipment manufacturing industry
2	China (Zhongguancun) Intellectual Property Protection Center	New Materials and Biomedical Industry
3	China (Pudong) Intellectual Property Protection Center	For high-end equipment manufacturing industry, biomedical industry
4	China (Binhai New Area) Intellectual Property Protection Center	High-end equipment manufacturing and biomedical industry
5	China (Yantai) Intellectual Property Protection Center	Modern food industry and other leading industries
6	China (Dongying) Intellectual Property Protection Center	Petrochemical, petroleum equipment, petroleum exploitation and rubber tire industry
7	China (Weifang) Intellectual Property Protection Center	Photoelectric and mechanical equipment
8	China (Jinan) Intellectual Property Protection Center	New Generation Information Technology and Biomedical Industry
9	China (Sichuan) Intellectual Property Protection Center	new generation of information technology industry
10	China (Guangdong) Intellectual Property Protection Center	New Generation Information Technology and Bio-industry
11	China (Shenzhen) Intellectual Property Protection Center	New Energy and Internet Technology Industry
12	China (Foshan) Intellectual Property Protection Center	Intelligent manufacturing equipment industry and building materials industry
13	China (Zhejiang) Intellectual Property Protection Center	New Generation Information Technology Industry and New Energy Industry
14	China (Nanjing) Intellectual Property Protection Center	new generation of information technology industry
15	China (Changzhou) Intellectual Property Protection Center	Robots and Intelligent Hardware
16	China (Ningbo) Intellectual Property Protection Center	Automobile and Parts
17	China (Suzhou) Intellectual Property Protection Center	New materials and biological products manufacturing industry
18	China (Changsha) Intellectual Property Protection Center	Intelligent manufacturing field
19	China (Wuhan) Intellectual Property Protection Center	optoelectronic information industry
20	China (Xi'an) Intellectual Property Protection Center	high-end equipment manufacturing industry
21	China (Nanchang) Intellectual Property Protection Center	Traditional Chinese Medicine and Electronic Information Industry
22	China (Shenyang) Intellectual Property Protection Center	high-end equipment manufacturing industry
23	China (Xinxiang) Intellectual Property Protection Center	Lifting equipment and battery industry