Why should the application for a patent for invention be made public in advance and the examination be postponed?
China also implements an early public deferred examination system for invention patent applications. The advantage of this system is that it is conducive to the dissemination of information, but the disadvantage is that it is not conducive to the protection of patent rights and the encouragement of invention and creation. First of all, the early publicity and deferred review system is not conducive to the protection of patent rights. Article 45 of China's Patent Law stipulates that "the term of invention patent is 20 years from the date of filing". However, this period is not a protection period, and the real protection period is counted from the date of issuance of the patent certificate. Although we have stipulated the temporary protection measures after the invention patent application technology is made public, the legal effect of temporary protection is very limited. In order to get real patent protection for an invention, we should get a patent certificate as soon as possible. But our current examination system stipulates: 1. After the application is filed, it will be published after 18 months from the date of application. During these eighteen months, the documents will be mailed on the road for a few days, and then the patent office will conduct a preliminary examination and prepare the version. Obviously, most of the time was wasted. "Within three years from the date of filing, the Patent Office may, upon the request of the applicant at any time, conduct a substantive examination of his application", but it does not specify when the examination will end. 18 months have passed, and it is still called "early disclosure", so it is understandable that "delayed review" is in the foreseeable future.