Isn't it inconceivable that an invention patent can be authorized in 3 months, and a utility model can be authorized in less than 1 month?If in the past, you must have thought that this was a deception of a black ** company. However, it can be done legally and compliantly through the patent pre-examination route.
Two major features of patent pre-examination:
Fast authorization speed: an average of about 3 years to authorize invention patents can be granted in 3-5 months;High authorization rate: incomplete statistics, the patent pre-examination authorization rate reaches more than 80%. 
So what exactly is pre-patenting?Does this app require additional costs?What is the application process?Now we will comprehensively analyze the patent pre-examination system and specific operation skills from a practical point of view, the full text of dry goods, about 2000 words:
1. What is patent pre-examination?
Patent pre-examination is an institutional arrangement in which provincial and municipal intellectual property protection centers provide pre-examination of patent applications for patent application subjects that have passed the record, and the State Intellectual Property Office accelerates the examination of patent applications that have passed the pre-examination of local protection centers, so as to shorten the patent application authorization cycle.
Provincial and municipal intellectual property protection centers are established with the approval of the State Intellectual Property Office to serve as a service platform for rapid pre-examination, rapid confirmation of rights, and rapid rights protection. Pre-examination services are provided by the Intellectual Property Protection Center to patent applicantsFree service
Regulatory basis:Notice on Carrying out Rapid and Collaborative Protection of Intellectual Property Rights, November 2016, State Intellectual Property Office, Guo Zhi Fa Guan Zi 2016 No. 92: "Our bureau has decided to carry out a combination of rapid examination, rapid confirmation and rapid rights protection in advantageous industrial agglomeration areas in qualified places and relying on a number of intellectual property protection centers for key industries. of the rapid and collaborative protection of industrial intellectual property rights";
The first intellectual property protection center in China:In December 2016, China Changzhou Robotics and Intelligent Hardware Intellectual Property Protection Center was the first intellectual property protection center in China
Number of IP Protection Centers:As of November 2023, the number of national intellectual property protection centers under construction or in operation has reached 67, distributed in 27 provinces (autonomous regions and municipalities directly under the Central Government).
Covering technical areas:Emerging fields such as biomedicine, new materials, high-end equipment, and new generation information technology;
The patent pre-examination system has greatly shortened the time for patent applicants to obtain patent rights, which is of great significance for the development of local key industries and high-tech enterprises.
2. Conditions for patent pre-examination
Generally, if an enterprise wants to apply for a patent pre-examination, it needs to go through the pre-examination and filing first
It belongs to the jurisdiction of the local intellectual property protection center, and the main business belongs to the pre-examination technical field of the local intellectual property protection center, and the enterprise submits a patent application after the local intellectual property protection center has passed the pre-examination and filing, and then complies with:
The patent application falls within the scope of patent classification numbers in the pre-examined field of the local intellectual property protection center. For example, if a biopharmaceutical company intends to submit a patent pre-examination in Pudong New Area, Shanghai, it will be verified:
Whether the enterprise is registered in Pudong New Area (whether the place of industrial and commercial registration is Pudong New Area);Whether the main business of the enterprise belongs to the pre-examination field of the Pudong Intellectual Property Protection Center (the pre-examination fields of the Pudong Intellectual Property Center are: biomedicine, high-end equipment, and new generation information technology) The enterprise applies to the Pudong Intellectual Property Protection Center for the record (mainly to verify whether the enterprise has a patent foundation and whether it has R&D conditions to avoid abnormal patent applications), and whether the patent application declared by the enterprise is within the scope of the patent classification number of biomedicine (such as C12N, G16H, etc.).3. Patent pre-examination process
1. Submission of application: The applicant who has filed with the protection center submits the application materials for expedited pre-examination of the patent application to the protection center through the pre-trial case submission system
2. Pre-trial review: The protection center conducts a pre-trial review of the pre-trial application materials and forms a pre-trial conclusion
3. Conversion to ordinary application: For patent applications that have not passed the pre-examination of the Protection Center, the applicant may submit a patent application to the State Intellectual Property Office in accordance with the ordinary procedures
4. Submission of pre-examination application: For the pre-examination of a qualified patent application by the protection center, the applicant submits the patent application to the State Intellectual Property Office, and submits it in XML format through the China Patent Electronic Application Network or the CPC client, and after obtaining the patent application number, the applicant shall complete the online payment through the China Patent Electronic Application Network within the same day, and submit the patent application number to the Protection Center within the same day
5. Speed up marking: The protection center will review the formally submitted patent application, and after passing the review, the patent application number will be marked and submitted to the State Intellectual Property Office
6. Patent examination authorization: The State Intellectual Property Office will review the pre-trial case and quickly grant the authorization.
Fourth, the patent pre-examination is handled in the first place
The patent applicant submits an application for filing to the intellectual property protection center where the company is registered (first verify whether there is an intellectual property protection center in the local area), and if the local intellectual property protection center examines and meets the qualifications for applying for the patent pre-examination procedure, the patent applicant shall file for registration. After the filing is passed, the patent pre-examination case will be submitted.
5. Give examples of the patent pre-examination policy in Pudong New Area
Applicant requirements: Enterprises and institutions with independent legal personality in the jurisdiction of Pudong New Area, Shanghai.
Business requirements: The main business of the enterprise and the main functions of the public institution are related to high-end equipment, new generation information technology, and biomedicine.
Basic requirements: have the ability to innovate and develop R&D (R&D expenses are included in the financial statements of the previous year), equip a full-time patent work team (provide social security certificates for personnel), and formulate an intellectual property management system (provide intellectual property system documents).
If the applicant has the following circumstances, the qualification examination and filing will not be approved:
1) The main business of the enterprise and the main functions of the public institution exceed the field of pre-trial services (the three major fields of new generation information technology, high-end equipment and biomedicine).
2) Abnormal patent application behaviors that violate the principle of good faith and disrupt the normal order of patent work (there are abnormal patent applications that are being processed and have not yet been concluded).
3) The applicant's actual R&D capabilities and resource conditions are obviously inconsistent with the patent application (there is no R&D expenditure in the financial statements of the previous year).
Filing application materials:
1) A copy of the business license of the entity requesting for filing or a copy of the legal person certificate of the public institution;
2) Proof of R&D investment: final settlement statement or financial statements of the previous year, etc
3) R&D team certification materials: list of main R&D personnel and social security payment information, external R&D team cooperation, etc
4) Establishment of intellectual property management system and its operation;
5) Other supporting materials that may be submitted if deemed necessary by the subject of the filing request, including but not limited to: patent application and authorization;The applicant has obtained the relevant qualifications, honors and certifications recognized by the ** department and certification body;Intellectual property rights protection;Enterprises to be listed can provide signed listing counseling agreements, local securities regulatory commission or securities firm official website certification and other supporting materials.
A patent applicant who has completed the filing shall be disqualified from filing if any of the following circumstances occur:
1) After the change of registration place and tax management place, it does not meet the requirements of the filing entity.
2) It is finally determined that it constitutes an abnormal patent application.
3) Submit 5 or more applications for patent pre-examination services with the non-filing entity as a co-applicant.
4) Transfer 5 or more patents that have been granted through pre-examination of patents.
5) Circumstances in which the filing qualification should be cancelled according to the notice of the State Intellectual Property Office.
6. The grant rate of patent pre-examination
The statistics of our firm's pre-trial cases in the Pudong Intellectual Property Protection Center are as follows (as of November 2023):
Pre-examination pass rate: 165 209=789%
Pre-trial rejection rate: 44 209 = 211%
Rejection rate after passing the pre-examination: 19 165 = 115%
There are 11 cases that have passed the pre-trial reviewThere is a 5% probability that it will be rejected by the CNIPA.
We looked at the 19 patents that passed the pre-examination but were eventually rejected, and found that all of them were rejected by the Patent Office on the grounds that they did not comply with the provisions of Article 22, Paragraph 3 of the Patent Law on inventive step.
Of the 44 cases rejected at the pre-trial stage, 12 cases have been closed, 2 cases have been finally rejected, 10 cases have been granted, and 32 cases are still under review.
The pre-trial stage is relatively rigorous, with a pass rate of about 79 per cent, and the pre-trial failure is converted into an ordinary application, and at least 80 per cent of the cases can be granted in the end.
7. Pros and cons of patent pre-examination
The benefit: Get authorized quickly.
The disadvantages are: 1. There are rumors in the market that the scope of protection of patent pre-examination and authorization cases is very small, and the risk of patent infringement can be directly ignored. The reason is that in order to grant patents quickly, patent applicants give up the opportunity to amend the patent and argue for patents, and the scope of authorization obtained is generally much smaller than that of normal applications. Therefore, it is not recommended to use patent pre-examination for patented technologies with large commercial value.
2. Low protection for core patents: patent pre-examination requires the applicant to give up the right to subsequent patent modifications, and quickly pass the patent disclosure, substantive examination, and patent authorization, and the applicant is almost unable to adjust the scope of patent protection according to market changes and examination opinions, and loses the opportunity for patent layout.
8. Frequently Asked Questions about Patent Pre-examination
1. What kind of patent application will not be accepted by the Intellectual Property Protection Center?
1) International patent applications filed under the Patent Cooperation Treaty (PCT);
2) PCT international application entering the Chinese national phase;
3) Utility model patents and invention patents applied for by the same applicant for the same invention-creation on the same day according to Paragraph 1 of Article 9 of the Patent Law;
4) Divisional application;
5) Applications that require confidentiality examination in accordance with Article 7 of the Detailed Rules for the Implementation of the Patent Law;
6) There is a problem of low-quality and abnormal applications;
7) Involving *** or significant interests;
8) Patent applications that have been filed with the State Intellectual Property Office through ordinary channels;
9) Other circumstances stipulated by laws and regulations.
2. Can an individual inventor submit pre-examination materials?
No, only enterprises, institutions, scientific research institutes and universities that meet the local requirements for the industrial field, and are registered or registered in the region, and have independent legal personality can apply, and individual inventors cannot submit pre-examination filing.
3. What are the aspects that need to be paid attention to in the rapid submission of pre-examination documents?
1) Submission of documents:
The application must be submitted through an electronic client or an interactive platform that complies with the formatting requirements (XML format);For invention patent applications, you need to select "Request for early publication of the patent application" in the request form, and submit a request for substantive examination at the same time as the patent applicationReferences relating to the invention before the filing date.
2) Payment matters:
Complete the full online payment of the following fees on the filing date or the next day: application fee (including surcharge), publication and printing fee (for invention patent applications only), priority claim fee (if actually incurred), and substantive examination fee (for invention patent applications only).
3) Invention patent application, issued by the State Intellectual Property Office.
The first and second notices of reasons for reasons for examination shall be submitted within 10 and 5 working days respectivelyFor a utility model patent application, a reply to the notice of office action issued by the State Intellectual Property Office shall be submitted within 5 working days.
4) According to Article 24 of the Detailed Rules for the Implementation of the Patent Law, a patent application for the preservation of biological materials shall be submitted with the certificate of preservation and the certificate of survival issued by the depositary unit at the time of applicationAccording to Article 24 of the Patent Law and Paragraph 3 of Article 30 of the Detailed Rules for the Implementation of the Patent Law, if it is necessary to submit supporting documents, the relevant supporting documents will be submitted together with the filing date;According to Article 29 of the Patent Law, if a claim for priority is required, if a copy of the earlier application must be submitted in accordance with the relevant provisions, the applicant will submit it together with the application.
5) Before the publication of the grant of the patent application, the applicant voluntarily waives the right to submit a request for change of bibliographic items.
6) The number of times the enterprise filing is open every year, and if the information provided is incorrect, it will no longer be accepted, and can only wait for the next resubmission.
7) The number of patents that can be submitted at a time is limited for the patent applicants who have passed the record, and the patents that are helpful to the enterprise should be given priority.
4. What issues should patentees pay attention to when handling pre-trial cases?
1) Writing:
Since the pre-examination process examines the formal defects and obvious substantive defects of the patent application, and some intellectual property protection centers also examine and give opinions on inventive step, etc., it is necessary to avoid formal defects (such as inconsistent drawing markings, multiple citations, etc.) and unity issues in the application documents when drafting.
2) Preparation of pre-trial materials:
All documents submitted for a formal patent application are required for pre-examination. In the request for an invention patent application, you need to check the box to request early publication.
3) Communication with the pre-examiner:
After completing the pre-review, the general pre-examiner will send the pre-review opinion to the contact person's email. After receiving the pre-trial opinion, the person shall reply and revise the pre-trial opinion as soon as possible. The pre-examiner may communicate with the applicant or the person about the case by email, **, etc.
4) Submission of a formal application:
After the pre-examination is passed, the patent application can be formally submitted to the State Intellectual Property Office based on the text passed by the pre-examination. It is important to note that the documents submitted are different from ordinary applications, and pre-qualified patent applications must be filed in electronic form and in XML format. For drawings, an XML format conversion is required.
5) Responding to Office Actions:
In order to expedite the examination, for invention patent applications, the protection center has a strict time limit on the time limit for replying.
The time limit for responding to the first and second reasons for reasons to act is relatively short (5-10 natural days), so it is necessary for the first institution to reply quickly.