On the legal conditions of substantive examination of patent authorization

The statutory conditions for substantive examination of patent authorization: it must not violate national laws and social ethics, and it must not interfere with public interests, which is the premise of granting patent rights. Compliance with the provisions of the patent legal system is the basis for granting patent rights. Patentability (novelty, creativity and practicality) is the fundamental condition for passing the patent authorization examination.

Novelty means that the invention does not belong to the prior art; Before the filing date, no unit or individual has filed an application for the same invention with the patent administration department of the State Council, and it is recorded in the patent application documents published or announced after the filing date.

Creativity means that the invention has outstanding substantive characteristics and remarkable progress compared with the prior art before the filing date. Practicality means that the invention can be manufactured or used and can produce positive effects.

Therefore, novelty, creativity and practicality are the necessary conditions for granting the invention patent right. The application procedure for invention patent includes seven stages: application, acceptance, preliminary examination, publication, substantive examination, authorization and announcement.

Authorization time of invention patent application

If the application for a patent for invention is rejected after preliminary examination and substantive examination, the Patent Office shall make an authorization decision, issue a patent certificate, register and announce it. It takes about 1-2 years for an invention patent to be authorized.

Preliminary examination stage: after submission to the patent office, there will be an acceptance notice with the patent number on it. After submission, it will enter the preliminary examination stage. After about six months from the date of submission, the patent will be made public and then enter the actual examination. The initial test time is about 6 months.

Actual trial stage: the practicality, novelty and creativity of the patent are jointly examined through actual trial. If there is any doubt in the middle, the opinion notice will be reviewed. I am not sure several times, and the speed of reply is also uncertain. Therefore, if authorization can be granted, the final authorization time is uncertain. If all goes well, it will be authorized in about 10-20 months, and the protection period of the invention patent is 20 years.