In order to improve the quality of patent pre-examination, China (Shenzhen) Intellectual Property Protection Center announced on August 12, 2020, the "Administrative Measures for the Pre-examination Service of China (Shenzhen) Intellectual Property Protection Center and Agency Pre-examination Service (Trial)". Since the promulgation of the management measures, three agencies have been issued warnings for violating relevant regulations, 37 filing entities and 26 agencies have been required to rectify and postpone the submission of pre-trial cases due to a pre-trial case failure rate of more than 50%, and one filing entity disqualified for filing.
Relevant cases are notified:
Case 1:
Agency A repeatedly submitted low-quality pre-trial applications suspected of being patched together, obviously backward in plan, and not very practical. After pre-trial, all the cases were unqualified and were required to rectify and postpone the submission of pre-trial cases.
Case 2:
Agency B, after formally submitted a patent application to the China National Intellectual Property Administration, failed to complete the payment for a long time and did not enter the application number into the pre-examination system in a timely manner, resulting in patent applications that passed the pre-examination cannot enter the fast examination channel.
Case 3:
Agency C failed to verify the number of the General Committee filled in the request as required, which resulted in the issuance of a Notice of supplementation and correction during the preliminary examination of the invention and the withdrawal of the patent application from the rapid examination procedure.
Case 4:
Company D submitted a pre-trial case that was obviously inconsistent with its actual business or R&D field and was suspected of fabricating.
All agencies and filing entities are requested to take this as a warning, strictly abide by the regulations of the management measures, and improve the quality management mechanism of pre-trial cases to ensure that the quality of submitted pre-trial cases meets the requirements.
