When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.
Where an application for a patent for invention is filed in a foreign country, when the applicant requests substantive examination, it shall submit the retrieval materials or examination results of the application in that country; Failure to submit an application without justifiable reasons shall be deemed as withdrawal of the application. Why does the invention patent need substantive examination?
Substantive examination is a stage that an application for a patent for invention must go through before it is authorized. The purpose of substantive examination of an application for a patent for invention is to determine whether the application for a patent for invention should be granted a patent right, especially whether it conforms to the provisions of the Patent Law on novelty, creativity and practicality. The substantive examination procedure is usually initiated after the applicant makes a request. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office will make a decision to grant the patent right for invention. Substantive examination requires the applicant to submit a request for substantive examination to China National Intellectual Property Administration within three years from the date of patent application (priority date, if any).
3. What are the requirements for substantive examination of the invention?
The request for patent examination may be filed at the same time as the application or after the application, but it shall be filed within three years from the date of application at the latest. If the application is not submitted within the time limit without justifiable reasons or is deemed not to have been submitted due to unqualified procedures, the application shall be deemed to have been withdrawn.
The main procedures that the applicant may encounter in the actual patent examination procedure are divided into two categories:
1。 First, the applicant shall go through the application examination and approval procedures according to law or designated by the Patent Office. If the applicant fails to apply or fails to apply within the time limit without justifiable reasons, it shall be deemed to have withdrawn the application. These procedures mainly include: submitting a request for substantive examination, replying to various notices from the Patent Office, and paying the application maintenance fee. Second, the applicant can choose the request procedure handled according to law.
If the program does not meet the requirements, the patent office can regard it as an unprocessed program, which generally does not involve the application itself.
These procedures mainly include: actively modifying and correcting the application documents, applying for early publication, applying for changing the bibliography, and applying for extending the time limit.
The actual examination application will take effect after paying the substantive examination fee. However, if the actual examination fee is not paid after the actual examination request is made, the Patent Office will not immediately issue the actual examination request. If the requirements are not met, the actual inspection request will be issued as appropriate. It shall be deemed that no notice or correction notice has been issued, and the reasons for non-conformity shall be explained. After receiving the notice of correction, the applicant shall make corrections within the time limit prescribed by the examiner. If the applicant is deemed not to have submitted the notice after receiving the actual trial request, it shall resubmit the qualified actual trial request within 3 years from the date of application. If the actual request passes the examination, the Patent Office will publish it in the patent bulletin. When making a request for substantive examination, the applicant shall submit the reference materials related to his invention before the filing date (if the priority is claimed, before the priority date). If there is no reference, it shall be declared. Where an application for a patent for invention has been filed in a foreign country, the information or results retrieved in that country shall also be submitted; Failure to submit an application without justifiable reasons shall be deemed as withdrawal of the application; If there are reasons for not submitting, the reasons shall be explained and submitted after obtaining the information. If the above materials are submitted, the reasons shall be stated in the application (the actual examination request is made at the time of application) or the substantive examination request document or annex. The applicant may make a request to modify or correct the invention on his own initiative. The registration of patent right is based on substantive examination. The request for substantive examination must be made by the subject applying for patent registration. At the same time, you need to pay the actual examination fee. If the substantive examination request is not made within the time limit, or the fee is not paid, the final patent authorization will be affected.
How many years is the scope of rights protection after the patent is partially invalid?
How to identify the crime of counterfeiting patent