How to understand the early disclosure system of invention patent application

Although the examination system can ensure the quality of patents, the disadvantage is that it causes a large backlog of applications.

1963 established the system of "publicizing in advance and delaying examination", which overcame this drawback. The system of "early disclosure and late review" means that after the formal review of the application, the content of the application is made public and the substantive review is carried out after a certain period of time. Whether to enter the substantive examination procedure depends on whether the patent applicant requests substantive examination. If the applicant fails to make a request for substantive examination within a certain period of time, his application will be automatically withdrawn. Immediate examination in substantive examination, also known as complete examination system, refers to the patent organ's immediate substantive examination of the patent application that has passed the preliminary examination without interval. The disadvantage of this system is that the number of patent applications has increased sharply, which will bring unbearable pressure to the examination work of the patent office. In addition, it is not conducive to the modification of patents.

The system of early opening and late examination, also known as delayed examination system, has the following advantages: ① It can reduce the workload of substantive examination in the patent office and save the funds for substantive examination; (2) Make the society get the information of invention and creation as soon as possible, avoid repeated development and reduce the waste of social resources; (3) Give the applicant more time to supplement and improve the invention-creation and patent application documents. The main disadvantage of this system is that the applicant's rights cannot be fully guaranteed during the temporary protection period after the early publicity.