0 1 What is the examination of patented substances?
The object of substantive examination of patent application is invention patent (utility model patent does not need substantive examination at present), and the applicant must submit a request for substantive examination to the Patent Office within the prescribed time limit from the date of application, and China National Intellectual Property Administration can also initiate substantive examination on its own initiative according to law (it has not happened in China at present ...).
The substantive examination mainly examines whether the invention application meets the relevant requirements of the Patent Law, especially whether it is stipulated in Article 53 of the Detailed Rules for the Implementation of the Patent Law, especially Articles 22.2 and 22.3 (i.e. originality), 26.3 and 26.4 (full disclosure of the specification and clear and concise support of the claims in the specification), 5 and 25 (whether it is the authorized object) and 33 (out-of-scope modification). Rules 20.2, 43. 1 etc.
After the applicant submits the actual request, the case will enter the stage of the actual trial pending trial, waiting for the suggestion of the examiner of the actual trial. How long it takes to suggest the review is related to the situation of the crowded case on the spot. After reviewing the proposal, the examiner will generally search the comparison documents to see if there are any patents, papers, products, books and other comparison documents that can affect the originality of this application, and issue a notice of the first review opinion to inform the applicant of the existing problems in this application and the reasons why it cannot be authorized. If the applicant has any objection to the notice of opinion, he may make an opinion statement and submit a revised text (or only make an opinion statement without making any amendment).
The auditor reviews according to the contents of the opinion statement, and issues the N th review opinion notice, and so on, until all defects are overcome, and the auditor issues the authorization notice; Or the defect cannot be overcome and the second hearing is satisfied, a rejection decision is sent to reject the application.
How many opinions can a patent substantive examination have?
There is no stipulation that the notice of examination opinions can be sent at most several times in the substantive examination stage of the invention patent.
In the substantive examination stage, when the examiner finds that the patent application is not in conformity with the provisions of the Patent Law and its detailed rules for implementation, he will issue a notice of examination opinions. After receiving the notice of review opinions, the applicant shall answer the questions raised by the examiner within the specified time and obtain the consent of the examiner. If the examiner finds no new problems in the follow-up review, a notice of authorization shall be issued; However, if the examiner finds new problems in the follow-up review, he will issue a notice of review opinions again.
Therefore, there is no fixed answer to how many times the Notice of Review Opinions will be issued.
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