With the development of society, more and more people are starting to focus their attention on the field of intellectual property. The registration and protection of intellectual property rights are increasingly valued. Among them, patents are an important component. Especially in enterprises and universities, the number of patent applications ranks first. For enterprises, patents are a powerful weapon to monopolize the market and gain initiative.

Meanwhile, due to the government's emphasis and encouragement, a certain number of patent enterprises are also the main target group supported by various government policies. For companies planning to go public, having a certain number of patents is an important indicator for their listing and other evaluations.

Due to the relatively long authorization time for patent applications in China, invention patents generally take about 3 years to obtain authorization. Therefore, enterprises usually plan and layout patents in advance. At the same time, in order to encourage and help enterprises to develop healthily and rapidly, the China National Intellectual Property Administration has also issued a series of policies, providing enterprises with ways to speed up the review and shorten the review cycle.

Today, we bring you the article "Methods and Differences of Accelerated Patent Examination in China" to learn about together.

PART 1：two methods

（2） :Priority Review

PART 2：The difference between the two methods

（1） Different concepts

1Quick Pre Trial

It means that the intellectual property protection centers in various places provide patent application pre examination services for enterprises that meet the requirements of corresponding industries, and the China National Intellectual Property Administration accelerates the examination of patent applications that have passed the preliminary examination of the protection center.

2. Priority review

It refers to that the China National Intellectual Property Administration provides priority examination for qualified patent applications according to the applicant's request or ex officio, and according to the China National Intellectual Property Administration's Measures for the Administration of Patent Priority Examination.

（2） Different accepting authorities

1. Quick Pre Trial

Local Protection Centers

2. Priority review

Local agency offices

（3） Different review cycles

1. Quick Pre Trial

(1) Invention patent: 3-6 months

(2) Utility model patent: about 2 months

(3) Design patent: About 1 month

2. Priority review

(1) Invention patent: 7-12 months

(2) Utility model patent: about 2 months

(3) Design patent: about 2 months

（4） Different applicants

1. Quick Pre Trial

The main body is enterprises, institutions, etc

2. Priority review

The main body includes enterprises, institutions, individuals, etc

（5） Pre filing is different

1. Quick Pre Trial

The applicant should complete the filing at various local protection centers. The required time for filing is 1-4 months.

The required materials are

(1) Excel application form (total pages need to be adjusted to 2)

(2) Scanned copy of application form (official seal, legal representative seal/signature)

(3) Copy of Business License/Legal Person Certificate (stamped with official seal)

(4) Scanned copies of the front and back of the company's legal representative's ID card (stamped with official seal)

2. Priority review

No need for filing

（6） Involving different fields

1. Quick Pre Trial

Depending on the specific fields of each local protection center, each protection center generally focuses on 1-2 national key development industries.

2. Priority review

(1) National key development industries such as energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials, new energy vehicles, intelligent manufacturing, etc

(2) Involved in the Internet, big data, cloud computing and other fields, and the technology or product update speed is fast;

(3) Industries that are highly encouraged by provincial and district level people's governments;

(4) The patent applicant or the requester for reexamination has made preparations for implementation or has already started implementation, or there is evidence to prove that others are implementing their invention or creation

(5) Other matters of significant importance to national interests or public interests require priority review;

(6) The first patent application filed in China for the same subject matter and then filed in other countries or regions;

(7) In response to patent infringement disputes related to invalidation cases, the parties have requested the local intellectual property office to handle them, filed a lawsuit with the people's court, or requested arbitration mediation organizations to mediate.

（7） Different scopes

1. Quick Pre review:Small scope

2. Priority review:Large scope

（8） Different processing times

1. Quick Pre Trial

Before submitting the application to the China National Intellectual Property Administration

2. Priority review

(1) After the invention patent enters the substantive examination

(2) Utility model patent and design patent applications should be accepted and the patent application fee should be paid after completion

（9） Payment varies

1. Quick Pre Trial

After obtaining the patent application number, online payment should be completed through the China Patent Application Network on the same day, and the patent application number should be submitted to the Protection Center on the same day.

2. Priority review

Pay the application fee within two months from the date of application; Pay the corresponding official fees before the application deadline.

（10） Different application materials

1. Quick Pre Trial

(1) Patent application documents: The application documents must be in XML format, and an XML format file should be created on the CPC client and exported in a compressed file format;

(2) Application Form for Rapid Pre examination Service for Patent Applications;

(3) Commitment Letter for Rapid Pre examination Service of Patent Applications;

(4) Other relevant literature materials.

2. Priority review

(1) Request for Priority Examination of Patent Application (2 copies);

(2) One copy of existing technology or design information materials and relevant supporting documents;

(3) One copy of identification documents (business license, etc.) for all applicants;

(4) One power of attorney signed by all principals;

(5) One copy of the authorized person's identification certificate;

(6) Invention patent: 1 copy of the acceptance notice and the actual examination notice must be provided;

(7) Utility model and design patents: One copy of the acceptance notice and application fee payment receipt must be provided.

（11） Response time requirements vary

1. Quick Pre Trial

(1) Invention Patent:

① The first review opinion needs to be replied within 10 working days

② The second review opinion needs to be replied within 5 working days

(2) Utility model patent:

Review opinions need to be responded to within 5 working days

Attention: If there is no response within the deadline or if it is deemed that the review opinions are still not authorized after two attempts, it will enter the ordinary review channel

2. Priority review

(1) Invention patent: within two months from the date of filing

(2) Utility model patents and design patents: within 15 days from the date of publication

（12） The impact on patents varies

1. Quick Pre Trial

(1) Processing before patent submission can increase the authorization rate to some extent, as the claims can be modified based on the suggestions provided by the pre examiner

(2) However, the waiting time for the pre examiner to review in the early stage is relatively long, which may lead to a delay in the application date and be detrimental to the protection of the applicant's patent. Competitors may also apply first.

2. Priority review

Priority examination can only be requested after the patent is published, and a notice of examination opinion shall be issued within 45 days after recommendation

PART 3：The process and characteristics of rapid pre-approval

（1） Process

1. The applicant who has already filed with the Protection Center shall submit the application materials for rapid pre examination of patent applications to the Protection Center through the pre examination case submission system;

2. The protection center conducts a preliminary review of the application materials and forms a preliminary review conclusion;

3. For patent applications that have not passed the preliminary examination of the Protection Center, applicants can submit patent applications to the China National Intellectual Property Administration in accordance with ordinary procedures;

4. After the patent application passes the preliminary examination of the Protection Center, the applicant shall submit the patent application to the China National Intellectual Property Administration in time, and submit it in XML format through China Patent Electronic Application Network or CPC client. After obtaining the patent application number, the applicant shall complete online payment through China Patent Electronic Application Network within the same day, and submit the patent application number to the Protection Center within the same day;

5. The Protection Center will review the officially submitted patent application, mark the patent application number and submit it to the China National Intellectual Property Administration.

（2） Characteristics

1. It has regional and territorial characteristics. Applicants can only submit filing applications to the corresponding intellectual property protection center in their place of residence and submit specific cases for expedited preliminary review. The industry in which the filing subject is located must comply with the technical industry scope accepted by the corresponding protection center, and specific cases must fall under the corresponding IPC classification number of the corresponding protection center;

2. Prior to the formal hearing of the case by the China National Intellectual Property Administration, the corresponding protection center needs to review the case in advance. The specific aspects of pre examination can include whether the technical field falls under the corresponding IPC classification number, whether there are obvious formal issues, and obvious novelty issues, etc., to clear the obstacles for the subsequent accelerated examination by the State Intellectual Property Office;

3. In order to cooperate with the accelerated examination of the State Intellectual Property Office, the rapid pre examination case will lose many rights throughout the examination process, such as the need to publish the patent application as soon as possible, submit the application for substantive examination at the same time, greatly shorten the deadline for responding to examination opinions, and waive the right to actively modify the application as stipulated in Article 51 (1) and (2) of the Implementing Regulations of the Patent Law.