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