For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. In general, it will be announced within 65,438+08 months after acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time.
First, the substantive examination of patent has come into effect and may still be in the process of substantive examination.
1, indicating that your patent application is an invention patent application and has entered the second stage, namely the substantive examination stage.
2. For an application for a patent for invention, the Patent Office will issue a notice of examination opinions at least once and ask for a reply within the prescribed time limit.
3. If the Patent Office thinks that your patent application meets the authorization conditions and the substantive examination stage is over, the Patent Office will send a document to inform you to register for authorization.
Judging from the legal status, your patent application is probably still in the process of substantive examination.
Second, the main differences between substantive examination and preliminary examination
1. The substantive examination is conducted at the request of the applicant, and the applicant needs to pay the fee at the same time. If the applicant fails to pay the fee or make a request within the prescribed time limit, even if the application for invention has been published, it will be regarded as withdrawn, that is, it has made a contribution to society in vain and cannot obtain a patent right. The request for preliminary examination was made by default when the application was submitted. Applicants only need to pay the basic application fee and publication fee and submit documents that meet the legal requirements, so that their applications can enter the preliminary examination procedure.
2. The content of substantive examination is much more than that of preliminary examination, and the requirements are relatively strict, which puts forward higher standards in novelty, creativity and practicality, disclosure of instructions, and whether the writing of claims meets the requirements. If it meets the standard, it will be authorized, and if it does not meet the standard, it will be rejected.
3, due to the high standard, the examiner's workload is bigger, so the duration of the substantive examination procedure is much longer than the preliminary examination. During this period, the applicant needs to submit the reply and amendment opinions to the application documents within the specified time according to the requirements of the examiner until the application documents meet the authorization standards. Otherwise, the examiner has the right to refuse.
legal ground
patent law of the people's republic of china
Article 35
Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; 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 45
Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.