An application for a patent for invention needs "substantive examination"
Before interpreting "substantive examination" for everyone, we must first understand one thing-which patents need substantive examination. As we all know, in China, patents currently include three types, namely, invention patents, utility model patents and design patents. According to the provisions of China's patent law, the invention patent is subject to substantive examination system, which will go through more "tests" and enter the stage of "substantive examination" after the application is published.
How to enter the "substantive examination" stage after the publication of the invention patent application
After the publication of an application for a patent for invention, if the applicant has completed the procedure of requesting substantive examination, the application will enter the substantive examination procedure, and the Patent Office will issue a "Notice of Entering the Substantive Examination Stage" to the applicant. If the applicant fails to go through the formalities for actually hearing the request, the Patent Office will wait for the applicant to go through the formalities for actually hearing the request; If, after three years from the date of application, the applicant fails to make a request for actual trial or the request for actual trial does not take effect, the application shall be deemed to have been withdrawn. Xiao Zhi would like to remind everyone that when an application for a patent for invention is published, it must be completed as soon as possible, otherwise the application will not enter the actual trial procedure, and the grant of the patent right will be in the foreseeable future.
Legal basis: Article 34 of the Patent Law of People's Republic of China (PRC). After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it within 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.