At present, only the invention patent in China has substantive examination procedures, that is, after the invention patent has passed the formal examination, the Patent Office will examine the novelty, creativity and practicability of the technical scheme of the invention application according to the requirements of the applicant after the patent application is published.
In the process of review, if technical documents need to be retrieved, a notice of review opinions shall be issued. The applicant needs to reply to the notice of examination opinions or modify the application documents. After discovering that the patent application is novel, creative and practical, the authorization decision can only be made after substantive examination.
Although utility model patents and design patents are also patents, the law stipulates that substantive examination is not required, so there is no substantive examination procedure. In addition, if the request for substantive examination of the invention patent needs to be submitted separately, it can be submitted together with the request or within three years from the date of application. If the actual examination request is not submitted or the actual examination fee is not paid within three years, the patent application shall be deemed to have been withdrawn.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.