Q1: What are the advantages and disadvantages of disclosing invention patent applications in advance?

The advance disclosure of invention patent application is a double-edged sword, which has advantages and disadvantages.

The advantages are:

1. It can shorten the examination time of invention patent application. If it is not disclosed in advance, it needs to wait until 18 months after automatic disclosure to enter the actual review procedure, and if it is disclosed in advance, it can enter the actual review procedure in advance.

2. The invention patent can enter the temporary protection period in advance. Article 13 of the Patent Law provides that after the publication of an application for a patent for invention, the applicant may require the entity or individual exploiting the invention to pay an appropriate fee, which constitutes a period of temporary protection.

3. It can destroy the patent licensing of competitors. After the patent application is made public in advance, the technical scheme recorded in it can become public knowledge as soon as possible, so as to evaluate the creativity of the later application, so as to reduce the probability of patent authorization of competitors;

4. It is conducive to the promotion and application of new technologies.

The disadvantages are as follows:

1. Adversely affect the subsequent improvement of patent applications. Advance disclosure of prior art will constitute some later improved patent applications, which will affect the creativity of later improved patent applications;

2. Can no longer be used as a technical secret. An application for a patent that has not been made public in advance may be withdrawn and retained as a technical secret before it is made public; however, if the technical scheme recorded in the patent application is withdrawn after it is made public in advance, it can no longer be used as a technical secret.

3. May not be able to apply abroad. If the patent application is not processed abroad for some special reasons within the legal time, at this time, because the advance disclosure has become an existing technology, it can not be applied abroad.

Q2: How to make an invention patent application public in advance?

1. When submitting a patent application, fill in the 22nd column of the invention patent request to request advance publication, then the invention patent application enters the publication stage from the issuance of the notice of preliminary acceptance.

2. After submitting the patent application, it is necessary to download the 110301 Declaration of Advance Publication of Invention Patent Request at the "Office Area, Form Download" on the home page of the website of the State Intellectual Property Office, fill it out and submit it, and the advance public declaration can enter the public procedure after passing the preliminary examination by the Patent Office.