What does the substantive examination of invention patent mean? Do you want something in kind? Or go to the scene?

Substantive examination means that the State Patent Office examines the novelty, creativity, practicality and other substantive contents of the invention-creation for which a patent is applied. Within 3 years from the date of application, the State Patent Office may, upon the request of the applicant at any time, conduct a substantive examination of the application. The substantive examination does not need to provide physical objects, and generally does not need to go to the site, but a notice of examination opinions will be issued to point out the existing problems and reply to the contents of the notice.

The examination of invention patents is divided into preliminary examination and actual examination:

1, the first trial is basically a formal review, and it can be passed as long as it meets the requirements;

2, the actual trial is the examiner to retrieve the invention content, to see whether the invention is novel, creative, open, etc. No problem, then give authorization.

Extended data:

Steps of 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within the prescribed time limit, even if the application for invention has been published, it will be regarded as withdrawn, that is, it has made a contribution to society in vain and cannot obtain a patent right.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 opinions and amendments 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.

Baidu Encyclopedia-Substantial Summary