By LIU Xia，HUANG Can

Based on the misclassification model，this paper evaluates grant decisions made by National Intellectual Property Adminis- tration (CNIPA)． The sample bases on G class of foreign invention patents ( foreign is defined as priority is filed outside of China) and filing date in CNIPA is during 2010-2015． The empirical results show that our country’s patent examination did not show a significant " false grant" phenomenon． However，there is about 4.4% of patents，whole oversea family patents obtained lots of forward patent cita- tions，were not granted by CNIPA，which is defined as "false rejection"． The proportion of "false rejection" risen to 5.8% in software － related patent samples． Furthermore，based on recognition of the erroneous decision，this article discussed the relationship between patent and patent applicants’characters and the probability of the false rejection．

This article is published in Studies in Science of Science, 2019, 37(07): 1183-1192. (in Chinese)