From Part I: Preliminary Examination Chapter 1: Preliminary Examination of Invention Patent Applications
- Examination Principles:
During the preliminary examination process, examiners should follow the following principles:
- Confidentiality Principle: Examiners are responsible for maintaining the confidentiality of unpublished patent application documents, other content related to the patent application, and other information that is not appropriate for public disclosure, in accordance with relevant confidentiality regulations.
- Written Examination Principle: Examiners should base their examination on the written documents submitted by the applicant. Examination opinions (including correction notifications) and examination results should be communicated to the applicant in written form. In principle, face-to-face meetings are not conducted during the preliminary examination process.
- Hearing Principle: Before making a rejection decision, examiners should inform the applicant of the facts, reasons, and evidence underlying the rejection, giving the applicant at least one opportunity to present opinions and/or amend the application documents. When making a rejection decision, the facts, reasons, and evidence relied upon should have already been communicated to the applicant and should not include new facts, reasons, and/or evidence.
- Procedure Economy Principle: In compliance with regulations, examiners should aim to improve examination efficiency and shorten the examination process. For applications with defects that can be overcome by correction, examiners should conduct a comprehensive examination and point out all defects in a single correction notification, if possible.
