The premise of substantive examination is that the applicant requests a long-term examination. Within three years from the date of filing, the applicant may, at any time within three years from the priority date, request the Patent Office to conduct substantive examination of his application for a patent for invention. If the applicant fails to make a request for substantive examination within the above time limit, the application shall be deemed to have been withdrawn.
The contents of the substantive review mainly include:
(1) Whether the invention for which the patent is applied conforms to novelty, creativity and practicality.
(2) Whether the instructions clearly and completely explain the invention.
(3) Whether the claim is based on the specification.
(4) Whether the patent application meets the requirements of invention singularity.
(5) If the applicant has filed an application for amendment or division of the application, whether it is beyond the scope recorded in the original specification or not, and the Patent Office considers that it is not in conformity with the provisions of the Patent Law after substantive examination, it shall notify the applicant to state its opinions or amend its application within a specified time limit. After the amendment, the Patent Office still considers that it does not conform to the provisions of the Patent Law and shall reject the application.
The Patent Law of People's Republic of China (PRC) also has corresponding provisions:
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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.
Article 38 If an application for a patent for invention is still not in conformity with the provisions of this Law after the applicant has stated his opinions or made amendments, it shall be rejected.
Article 39 If the application for a patent for invention is not found to be rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant a 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.
The Patent Law of People's Republic of China (PRC), which does not require substantive examination, also stipulates that:
Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
References: 1, edited by Yu Guangzhong. The first volume of the WTO encyclopedia. Guangming Daily Press, 2002.5.
2. People's Republic of China (PRC) Patent Law