Patent substantive examination: refers to the examination of the novelty, creativity, practicality and other substantive contents of the invention-creation for which the patent is applied by the State Patent Office.
Within 3 years from the date of application, the State Patent Office may, at the request of the applicant at any time, conduct 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Extended data:
Substantive review method:
In the process of substantive examination of an application for a patent for invention, one of the important tasks of the patent office is document retrieval.
According to the Patent Cooperation Treaty Organization, its member countries must conduct a "minimum document search" of the patent documents published by seven designated countries and two international organizations within five years from 1920 and 152 kinds of non-patent documents.
Examiners search for documents directly related to the patented invention. As a basis for judging whether an invention can be patented.
The examiner shall notify the applicant in writing of the opinions in the substantive examination, and ask the applicant to state his opinions or modify some contents in the application that are not in conformity with the provisions of the patent law.
This correspondence can be made one or more times according to the situation of vacation. Under special circumstances, the examiner and the applicant can also explain some problems that are difficult to express clearly in person through face-to-face interviews.
The Patent Office will notify the applicant of the substantive examination results in the form of a decision, and make an announcement. There are two types of decisions:
(1) Rejection decision: If an application for a patent for invention is still considered by the Patent Office to be inconsistent with the provisions of the Patent Law after the applicant has stated his opinions or made amendments, it shall be rejected, and the reasons for rejection shall be listed in detail.
(2) Examination and approval decision: If the substantive examination finds no reason for rejection, the Patent Office will make a decision to grant the invention patent right, issue a patent certificate for invention, and register and announce it.
Baidu Encyclopedia-Preliminary Patent Examination
Baidu Encyclopedia-Substantial Summary