How is the substantive examination of an application for a patent for invention stipulated?
How is the substantive examination of an application for a patent for invention stipulated? In China, the application for a patent for invention is examined in substance, that is, the application for a patent for invention is not only examined initially, but also examined in substance. How is the substantive examination of an application for a patent for invention stipulated? How is the substantive examination of an application for a patent for invention stipulated? Substantive examination refers to China National Intellectual Property Administration's careful study of the application documents of an application for a patent for invention, looking for the invention that needs protection, determining whether the application conforms to the provisions of the Patent Law and its detailed rules for implementation, especially the provisions on patentability, and finally making a decision on whether to grant a patent right. The procedure of substantive examination begins when the substantive examination department in China National Intellectual Property Administration receives the application documents sent by the preliminary examination department, and ends with the notice of granting the invention patent right or the decision to reject or withdraw the application. The substantive review mainly includes: 1. Whether the theme of the patent application is an invention in the sense of the Patent Law and its detailed rules for implementation, and whether it belongs to the scope where patent rights cannot be granted. 2. Whether the subject matter of the patent application violates national laws, social morality or harms the public interest. 3. Whether the patent application meets the requirements of invention singularity. 4. Whether the applicant applies for amendment or division, and whether it is beyond the scope of the original specification (including the appended drawings) and the claims. Five, in the case of applying for priority, if it is found that someone else filed another patent application on the same subject between the priority date and the application date, or after searching, it is found that relevant comparative documents were made public during this period, it shall be examined whether the priority claim is established. Six, according to the retrieved comparison file, judge whether the technical scheme required by the invention patent application is novel and creative, and judge whether the invention required to be protected is practical. VII. Does the specification clearly and completely describe the invention required by the application for a patent for invention, so that technicians in the field can realize it? Eight, whether the claim clearly and concisely expresses the scope of protection, whether the claim is based on the specification, and whether the independent claim includes the necessary technical features to solve the technical problems to be solved by the invention. How is the substantive examination of an application for a patent for invention stipulated? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of intellectual property such as trademarks, patents, copyrights and domain names. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.