Does Shenzhen patent application have to undergo substantive examination? At present, my country's patents can be divided into three categories, and the examination of the three categories of patents is different. Some patents need to pass both preliminary examination and substantive examination, while some patents only require preliminary examination, so there is no substantive examination in the patent application. Which categories are reviewed? Do Shenzhen patent applications have to undergo substantive review? Not necessarily. Utility model and design patent applications adopt a formal examination system, also known as a registration system. Article 40 of the Patent Law: If no reason for rejection of a utility model or design patent application is found after preliminary examination, the patent administration department of the State Council shall make a decision to grant the utility model patent right or the design patent right, issue the corresponding patent certificate, and at the same time Registration and Notice. Utility model patent rights and design patent rights take effect from the date of announcement. Preliminary examination After the Intellectual Property Office receives the invention patent application, it enters the preliminary examination stage. The so-called preliminary examination is to examine whether the patent application complies with the formal requirements stipulated in the Patent Law and its implementing regulations as well as obvious substantive defects. ① The formal examination mainly examines whether the various application documents are complete, whether the prescribed format is used, whether the document is written in the prescribed form, etc. This part of the examination does not involve technical content. The main contents of the examination include: whether the patent request is used The prescribed format has been filled in and whether it meets the requirements; whether the description, abstract and claims are written in compliance with the prescribed formal requirements, and whether the drawings meet the drawing requirements; if the applicant entrusts a patent agency to handle the patent application, whether there is an entrustment If a foreigner without a habitual residence or business office in my country applies for a patent, whether it meets the requirements of the Patent Law and whether he is qualified to apply for a patent in my country; whether the foreign applicant has entrusted a prescribed foreign-related patent agency to handle his patent application or other matters. Patent affairs; whether the application fee has been paid, etc. ②The examination of obvious substantive defects mainly examines whether the content of the patent application obviously does not comply with legal provisions. This part of the review actually involves the substantive content of the patent application, but unlike the substantive review, it does not evaluate the novelty, creativity and practicality of the patent. This part is rich in content: whether the invention obviously violates the laws of the country and damages social morality and public interests; whether the subject matter of the patent is clearly outside the scope of patent protection; whether the patent application meets the unity requirements; Whether the modification of the application document clearly exceeds the scope recorded in the original description and claims. After preliminary examination, if the patent application does not meet the formal requirements or has obvious substantive defects, the Intellectual Property Office shall notify the applicant of its opinions, and the applicant shall make corrections within the prescribed or designated time limit. If no reply is made within the time limit, The application is deemed to have been withdrawn, and the application shall be submitted to the Patent Reexamination Board for reexamination within the specified time. After the preliminary examination procedure for an invention patent application is completed, if the preliminary examination meets the requirements of the Patent Law, the application will be announced immediately after 18 months from the filing date. The Intellectual Property Office may also publish it in advance according to the applicant's request. Does a patent application in Shenzhen have to undergo substantive examination? We have answered this question for you here. If you want to apply for a patent, please contact our online customer service, or call the Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, a professional business team and The concept of serving customers wholeheartedly can help you apply smoothly.