What does the examination of patent substance include?

Patent substantive examination materials include: technical materials related to the invention involved in the process of completing the invention, including patent documents, scientific and technological books, patent technology newspapers and periodicals, etc. According to relevant regulations, when requesting substantive examination, the patentee of an invention shall submit reference materials related to his invention before the filing date.

legal ground

1, Article 36 of the Patent Law which came into effect in June 20265438.

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

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limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 38

If, after the applicant has stated his opinions or made amendments, the administrative department for patent in the State Council still considers that the application for a patent for invention does not conform to the provisions of this Law, it shall be rejected.

Article 39

If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.