Drawing/Gao Yue Will 15 million people participate in the wind building campaign? □ reporter Zhang Wei In the winters of recent years, frequent visits to “smog†have caused people to suffer. In addition to focusing on the weather station’s warning information, wearing a mask and going home to open an air purifier have become standard in many people’s lives. How to allow the sky to return to a bluish color and let the air be full of freshness is a major issue that concerns both the government and the public. In addition, there may be new methods, and may even appear in the form of patents. The "Legal Daily" reporter recently discovered that a method to eliminate smog has passed the preliminary examination and announcement of the State Intellectual Property Office. In the “National and Multinational Patent Examination Information Inquiring System†of the State Intellectual Property Office, there is an invention application named “removing the haze project†whose patent type is shown as “patent of invention†and the filing date is March 2017. On the 4th, the applicant was Dumou and the status of the case was "waiting for a substantive examination request." According to its specification and abstract, the invention provides an organization plan for removing fog and fog. In cities and regions affected by fog and haze, the cities and regions can be eliminated manually and in a unified direction within a unified time. The haze has the characteristics of low cost and significant effect, and will not cause secondary environmental pollution. Manual removal of haze can produce very strong wind and air volume. Take Beijing as an example: if 15 million people participate in the wind-making campaign to remove fog and fog, and in the same time inching the fan in the same direction, a strong wind pressure can be established, forcing the belt to The air of the smog particles flows in the same direction. At least 1,080 billion cubic meters of air can be directionally shifted by 1 meter in one hour, which is the same as the 40 meters high, 20 kilometers long and 20 kilometers wide low-level air along the wind direction. Within a one-hour period, the project moved 68 kilometers, and the 8th district of Beijing City has an area of ​​only 396 square kilometers (equivalent to 20 kilometers long and 20 kilometers wide). This kind of wind is enough to remove the slight smog just formed in the capital. Beijing City, and avoid severe haze. According to its claim, if it encounters hazy weather and uses television, radio or text messaging as a means of communication, all the people in the Haze area will be organized to participate in the action to eliminate haze. The more participants there are, the better the effect will be. The faster the haze disappears. Regarding who supplied the sash fan, the applicant of the invention stated that before the organization removes the smog action, the government or its functional departments or other social organizations will provide participants with smashing fans in all outdoor venues. Is such an invention application ultimately granted a patent? The reporter learned from the relevant person in charge of the State Intellectual Property Office that the patent has not yet entered substantive examination. According to the provisions of the "PRC Patent Law," the State Council's patent administration department, after receiving an application for a patent for invention, after preliminary examination and deeming it to be in compliance with the requirements of this Law, shall issue the document within 18 months from the date of filing. The patent administration department under the State Council may, at the request of the applicant, publish its application as soon as possible. At present, the invention application is at such a stage. According to reports, the applications that can be found in the relevant inquiry systems of the State Intellectual Property Office are all announced after the preliminary examination. Thereafter, the applicant is required to submit a substantive examination application. According to the provisions of the Patent Law, within three years from the filing date of the application for a patent for invention, the patent administration department under the State Council may, on the basis of an application filed by the applicant at any time, conduct a substantive examination of the application; if the applicant fails to request substantial examination overdue without proper reasons, the The application is considered withdrawn. When the patent administration department under the State Council deems it necessary, it may conduct a substantive examination of the invention patent application on its own. At present, the status of the application is "waiting for a substantive examination request." Obviously, this is not the case that "the patent administration department under the State Council deems it necessary" to carry out substantive examination on its own. The reporter learned from the State Intellectual Property Office that in practice, a large number of applicants have come to this end and it has ended. There are many reasons for this, including not understanding the relevant provisions of the patent application and not even knowing that this step is needed. . Others are motivated by market competition strategies or patent layout strategies. They often submit applications for substantive examination when the three-year period expires. The substantive examination will examine whether the applicant’s invention is novel, creative, and practical. According to the provisions of the Patent Law, if a patent application for invention has not found a reason for rejection after substantive examination, the patent administration department under the State Council shall make the decision on granting the patent right for the invention, issue a patent for the invention, and register and make an announcement at the same time. The patent right for the invention takes effect on the date of the announcement. Obviously, there is still a long way to go before this invention application can be granted a patent. There is still a lot of uncertainty. People who are looking forward to the "remove the good things" are expected to wait longer.
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