专利预审对专利质量影响研究

——以上海市预审发明专利为例

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关键词:专利预审;数量;质量

中图分类号:G306 文献标志码:A 文章编号:1003-5168(2025)12-0126-05

DOI:10.19968/j.cnki.hnkj.1003-5168.2025.12.024

Research on the Impact of Patent Pre-Examination on Patent Quality

—ACase Study of Pre-Examination Invention Patents in Shanghai ZHANG Shihan1TONG Lu² (1.Shanghai Intellectual Property Protection Center,Shanghai 2OO233,China; 2.China National Intellctual Property Administration,Beijing 10oo88, China)

Abstract: [Purposes] In order to optimize the pre-examination work,the impact of patent pre examination on patent quality is studied.[Methods] this article analyzes the quantity and quality of preexamination invention patents in Shanghai from the aspects such as the number of granted preexamination invention patents, IPC clasification subcategories,X/Y prior art document rate,he formal problemrate of the first independent claim in cases without X/Y prior art documents,number of claims and word count of the first independent claim.[Findings] Research has found that compared with non pre-examination invention patents,the novelty and creativity of Pre-Examination patents have significantly increased,while the formal issues have significantly decreased.However,the rate of formal problems remains relatively high.At the same time,there is also a problem of excessive word count of the first independent claim,with further limitation during the substantive examination,resulting in a narrow scope of patent protection.[Conclusions] Finaly,based on the actual pre-examination work,several suggestions are proposed: strengthen source quality and provide precise services,improve the training system and enhance professional capabilities,enhance quality inspection management and upgrade business systems,and strengthen communication and linkage to promote consistency of standards.

Keywords: patent pre-examination; quantity; quality

0 引言

为更好满足不同产业创新主体的差异化需求,促进地方优势、特色产业的结构调整和转型升级,国家知识产权局在普通专利申请的基础上,提供了多种特殊审查模式。(剩余5471字)

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