The function of China National Intellectual Property Administration, China as the acceptance bureau and the preliminary examination unit of international retrieval

The function of China National Intellectual Property Administration, China as an accepting bureau

　　The treaty stipulates that international applications should be submitted to the prescribed acceptance bureau. The acceptance bureau shall inspect and handle international applications in accordance with the provisions of treaties and detailed rules. (Treaty A10)

　　The applicant submits his alleged international application to China National Intellectual Property Administration, China, and China National Intellectual Property Administration, China will check and handle the international application as follows, which can be summarized into eight parts.

　　l　Check whether the conditions for determining the date of international application are met (Treaty A11);

　　l　Whether the appended drawings are missing;

　　l　Handling of post-submitted documents;

　　l　Formal review;

　　l　Review of priority claims;

　　l　Check the fee and transfer the fee to IB;

　　l　Copy the retrieval book and the acceptance book, and send the original as the registration book to the International Bureau;

　　l　Others.

International retrieval

　　Every international application must be searched internationally, unless the application is withdrawn before the search procedure is started. China National Intellectual Property Administration, China is an international retrieval unit, and all international applications accepted by China National Intellectual Property Administration, China or submitted to the International Bureau by applicants whose nationality and domicile are China are searched in China National Intellectual Property Administration, China.

　　International retrieval is a closed process, and there is no communication between the applicant and the retrieval unit except for single or obviously wrong questions. 9 months from the priority date, or 3 months from the receipt of the retrieval book by the retrieval unit, whichever expires later, the retrieval unit will make a retrieval report or announce that it will not make a retrieval report in some cases. The retrieval report or announcement will be transmitted to the International Bureau and the applicant.

　　The Function of China National Intellectual Property Administration, China as an International Search Unit

　　?　Check the oneness;

　　?　Check the title and abstract;

　　?　Searching for claimed inventions;

　　?　Check whether there are obvious errors in the application documents other than the request;

　　?　Make a search report or announce not to make a search report.

　　International retrieval unit

　　1. China National Intellectual Property Administration China

　　2. Australian Patent Office

　　3. Austrian Patent Office

　　4. European Patent Office

　　5. Japan Patent Office

　　6. Korea Industrial Property Office

　　7. Russian Patent Office

　　8. Spanish Patent and Trademark Office

　　9. Swedish Patent Office

　　10. United States Patent and Trademark Office

　　11. Brazilian Intellectual Property Office

　　12. Intellectual Property Office of Canada

　　13. Finnish Patent and Trademark Office

　　14. Nordic Patent Cooperation Organization

　　International announcement

　　At the expiration of 18 months from the priority date, the International Bureau will publish the international application internationally. There are two kinds of publications:

　　Booklets and bulletins. The publication forms are paper and electronic.

International preliminary examination

　　The international preliminary examination procedure is not an automatic necessary procedure, but a procedure initiated when the applicant submits the international preliminary examination request and pays the corresponding fee. At this stage, the applicant can actively modify his application documents, or may receive written opinions from the international preliminary examination unit, and the applicant can state his own views or make modifications. At 28 months from the priority date, the international preliminary examination unit will formulate an international preliminary examination report and send it to the applicant and the International Bureau.

The function of China National Intellectual Property Administration, China as an international preliminary examination unit

　　?　Uniqueness review

　　?　Priority review

　　?　Examining the invention part of retrieval made by international retrieval units;

　　?　Provide non-binding opinions on novelty, creativity and industrial practicability.

International preliminary examination unit