At present, only the invention patent in China has substantive examination procedures, that is, after the invention patent has passed the formal examination, the Patent Office will examine the novelty, creativity and practicability of the technical scheme of the invention application according to the requirements of the applicant after the patent application is published.
In the process of review, if technical documents need to be retrieved, a notice of review opinions shall be issued. The applicant needs to reply to the notice of examination opinions or modify the application documents. After discovering that the patent application is novel, creative and practical, the authorization decision can only be made after substantive examination.
Although utility model patents and design patents are also patents, the law stipulates that substantive examination is not required, so there is no substantive examination procedure. In addition, if the request for substantive examination of the invention patent needs to be submitted separately, it can be submitted together with the request or within three years from the date of application. If the actual examination request is not submitted or the actual examination fee is not paid within three years, the patent application shall be deemed to have been withdrawn.
Extended data
The substantive examination system is divided into immediate examination system and delayed examination system.
1, namely trial system, also known as one-time review system. That is, after the patent office formally examines the application, it immediately examines the content of the patent application for novelty, creativity and practicality without the applicant's request for substantive examination, so as to determine whether to grant the patent right.
The advantage of instant examination system is that it can ensure the quality of patents granted patent rights, reduce litigation disputes and simplify examination procedures to some extent. Its disadvantage is that the examination and approval time is long and a huge patent examination institution is needed. At present, the United States, the Soviet Union, Canada, Sweden, India and other countries all implement this censorship system.
2. Delayed review system, also known as early public request review system. That is, the patent office does not immediately conduct substantive examination after formal examination of the patent application, but makes the application public first, and the applicant can request substantive examination at any time within a period of time from the date of application. After the applicant makes a request for substantive examination, the Patent Office will conduct substantive examination only after the request is made public.
References:
Baidu encyclopedia substantive review