What is the difference between formal examination and substantive examination of patents?
Patent application is different from trademark application. Patent application not only examines the formal requirements, but also examines the novelty of the patent. So what's the difference between formal examination and substantive examination of patents? Next, Bajie Intellectual Property takes you to know the relevant knowledge. The difference between formal review and substantive review 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within the prescribed time limit, even if the application for invention has been published, it will be regarded as withdrawn, that is, it has made a contribution to society in vain and cannot obtain the patent right.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. Because the examiner's standard is higher and the workload is bigger, the duration of the substantive examination procedure is much longer than that of the preliminary examination. For example, the preliminary examination may only take 3 months, while the substantive examination often takes 1-3 years or even longer. 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.