What are the contents of substantive defect examination of patent application?

When the patent applicant applies for a patent, if China National Intellectual Property Administration accepts it, the application submitted by the patent applicant will be examined after acceptance. The review includes both formal review and some substantive content review. Formal review is generally a review of the preparation materials, and substantive review is a review of the application content. Let's take a look at the content of substantive defect examination of patent application first.

When examining a patent application in substance, it mainly depends on whether the content of the patent application conforms to the legal provisions, but this kind of examination is different from the substantive examination, because the examination of substantive defects is still in the preliminary examination stage, and at this stage, the novelty, creativity and practicability of the patent will not be examined, but only the content will be preliminarily examined.

When examining the substantive defects of a patent application, it depends on whether the content of the patent application is within the scope permitted by law, whether it harms social morality and public interests, whether the theme of the patent application is not within the scope of patent protection, whether the proposed patent application meets the requirements of singularity, and whether the patent applicant is within the scope permitted by the original specification and claims when modifying the application documents.

In order to make a preliminary examination of the substantive defects in the patent application, if problems are found, they should be corrected within a specified time. If the patent applicant knows what the substantive examination content of the patent application is, the problem can be avoided.

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