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From Part I: Preliminary Examination Chapter 1: Preliminary Examination of Invention Patent Applications

Main Tasks of Preliminary Examination for Invention Patent Applications:

1)     Examiners review whether the application documents submitted by the applicant comply with the provisions of the Patent Law and its implementing regulations. If defects that can be corrected are found, the applicant is notified to correct the defects to meet the conditions for publication. If insurmountable defects are found, a notification of examination opinions indicating the nature of the defects is issued, and the examination process is concluded by rejection.

2)     Examiners check whether other documents related to the patent application, submitted simultaneously with or after the patent application, comply with the provisions of the Patent Law and its implementing regulations. If defects are found in the documents, the applicant is notified to correct them or the documents may be treated as not submitted.

3)     Examiners review whether other documents related to the patent application are submitted within the time limits prescribed by the Patent Law and its implementing regulations or designated by the Patent Office. If not submitted or submitted late, the application may be treated as withdrawn or the documents as not submitted.

4)     Examiners review whether the fees paid by the applicant comply with the provisions of the Patent Law and its implementing regulations. If fees are not paid, not fully paid, or paid late, the application may be treated as withdrawn or the request as not made

Scope of Preliminary Examination for Invention Patent Applications:

1)     Formal examination of the application documents, including whether the patent application contains the application documents stipulated in Article 26 of the Patent Law, and whether the format of these documents obviously does not comply with Articles 19 to 22 and 26 of the implementing regulations of the Patent Law, and whether they comply with Articles 2, 3, 29 Paragraph 2, and 146 of the implementing regulations.

2)     Examination of obvious substantive defects in the application documents, including whether the patent application obviously falls under the situations specified in Articles 5 and 25 of the Patent Law.

3)     Formal examination of other documents, including checking whether other procedures and documents related to the patent application comply with Articles 10, 24, 29, 30 of the Patent Law, and Articles 2, 3, 6, 7, the second and third paragraphs of Article 17, Articles 18, 27, 33, 34 (paragraphs 1 to 3), 35, 36, 37, 38, 41, 45, 46, 48, 49, 51, 52, 103, 104, and 117 of the Detailed Rules for the Implementation of the Patent Law.

4)     Examination of related fees, including whether the patent application has paid the relevant fees in accordance with Articles 110, 112, 113, and 116 of the Detailed Rules for the Implementation of the Patent Law.