How is the patent examination and approval procedure accepted? In the preliminary examination stage, the patent application will automatically enter the preliminary examination stage by paying the application fee as required. An application for a patent for invention shall be examined for confidentiality before the preliminary examination, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures. Whether there are obvious defects in the application shall be examined in the preliminary examination procedure. It mainly includes examining whether the application content ① obviously violates national laws, social ethics or hinders public interests; (2) Whether it obviously belongs to the theme of not granting patent right; (3) Whether there is an obvious lack of technical content, which cannot constitute a technical scheme; (4) Whether there is obvious lack of oneness. The application for a patent for utility model and design also needs to be examined whether it is obviously the same as the approved patent and whether it is obviously not a new technical scheme or a new design. In the preliminary examination, it is necessary to review whether the application documents are complete and the format meets the requirements. If the application for a patent for the invention passes the preliminary examination, a notice of preliminary examination will be issued. If the application for a patent for utility model and design is rejected after preliminary examination, it will directly enter the authorization procedure. Because the invention has a follow-up procedure, the examination of the application content in the preliminary examination should be relatively loose. The publication stage of an application for a patent for invention. After the initial examination notice is issued, the application for a patent for invention enters the stage of waiting for publication. If the applicant requests to publish in advance, the application will immediately enter the preparation procedure for publication. After format review, editing and proofreading, computer processing, typesetting and printing, the instructions were published in the Patent Gazette about three months later. The application that has not announced the request in advance will not enter the publication preparation procedure until 15 months after the application date; The priority application (including foreign priority and domestic priority) shall enter the publication preparation procedure within 15 months from the priority date. After the application enters the publication preparation procedure, if the applicant requests to withdraw the patent application, the application will still be published in the patent gazette. After the publication of the application, the applicant has obtained the right of temporary protection, that is to say, from the date of publication of the application, the applicant can ask the unit or individual who implements the invention to pay the fee. After the application is released, the content recorded in the application becomes a part of the existing technology. After the publication of an application for a patent for invention in the substantive examination stage, if the applicant has completed the substantive examination request procedure (making the substantive examination request and paying the substantive examination fee), the application will enter the substantive examination procedure; Otherwise, we should wait for the applicant to handle the actual hearing request procedures. 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. Applications entering the actual trial procedure will be queued for the actual trial in the order of entering the actual trial procedure. In the actual trial, the examiner will, on the basis of retrieval, conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. In the authorization stage, the application for a patent for utility model and design has been preliminarily examined, and if the application for a patent for invention has not found any reasons for rejection after substantive examination, the examiner shall issue a notice of authorization and apply for authorization for registration preparation. After the examiner is authorized to review the legal effect and completeness of the authorized text and proofread and modify the description items of the patent application, the Patent Office will issue a notice of authorization and a notice of registration. If you need help in patent examination and approval, you can consult the professional lawyers of the entrustment network online to help you. They are professionals.
Legal objectivity:
The examination and approval procedures for an application for a patent for invention are as follows: 1. Preliminary inspection. Preliminary examination refers to whether the patent administrative department of the State Council meets the formal requirements stipulated in the Patent Law and its detailed rules for implementation and whether there are obvious substantive defects after accepting the application for a patent for invention. But it does not evaluate its novelty, creativity and practicality. 2. Pre-publicity. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it meets the requirements, and shall publish it 18 months after 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. In addition to the above provisions, after accepting an application for a patent for invention, the patent administrative department of the State Council shall forward the application for confidentiality review to the relevant competent department of the State Council for review; The relevant competent department shall notify the patent administration department of the State Council within 4 months from the date of receiving the application; Where confidentiality is required, the patent administrative department of the State Council shall handle the confidential patent application and notify the applicant. 3. Substantive review. Substantive examination is a legal examination conducted by the patent administrative department of the State Council on whether the application for a patent for invention meets the substantive requirements for granting a patent right. An application for a patent for invention may, at the request of the applicant, be examined in substance at any time within 3 years from the date of filing; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. When the Patent Office deems it necessary, it may also conduct substantive examination of the application for a patent for invention on its own. 4. Announcement of authorization registration. If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.