1-The substantive review system is generally divided into two types: immediate review system and delayed review system.
2-Instant review system, also known as one-time review system. Immediately after the Patent Office conducts a formal review of the application, without the applicant requesting a substantive review, it will immediately review the content of the patent application for novelty, inventiveness and practicality to determine whether to grant the patent right. The advantage of the instant review system is that it can ensure the quality of the patent rights granted and reduce litigation disputes, which simplifies the review process to a certain extent. The disadvantage is that the approval time is long and a large patent examination agency is required. Currently, the United States, Canada, Sweden and other countries implement this censorship system.
3-Delayed censorship, also called early public request censorship. That is, after the Patent Office conducts a formal examination of a patent application, it does not immediately conduct a substantive examination. Instead, it first makes the application public. The applicant can request a substantive examination at any time within a period of time from the date of application. After the applicant submits the substantive examination, After the request for examination, the Patent Office will only conduct a substantive examination if it has been disclosed. If the applicant does not submit a request for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. The statutory time limit for requesting substantive examination varies from country to country, ranging from 2 to 7 years. It takes 7 years in Japan, West Germany, and the Netherlands, 5 years in Australia and other countries, 2 years in Brazil, and 3 years in my country.
4-In practice, a preliminary examination system is adopted for utility model and design patent applications. The State Intellectual Property Office only examines the form of the patent application and whether it has obvious substantive defects, and meets the formal requirements. If no obvious substantive defects are found, the patent right will be granted; for invention patent applications, a substantive examination system is adopted. In addition to examining the form of the patent application, the State Intellectual Property Office also examines whether the content involved in the application meets the definition of invention. , whether the description clearly and completely describes the technical content of the invention, whether the claims are clear, concise and supported by the description, whether the claimed invention has novelty, creativity and practicality, whether the modification of the application document exceeds the original description, and Examine substantive issues such as the scope of claims. If no reason for rejection is found, the patent right will be granted. In addition, for invention patent applications, my country’s patent law adopts a system of early disclosure and delayed examination. That is to say, after an invention patent application passes the preliminary examination, it will be published 18 months from the date of application (the applicant must submit the application within the statutory publication period). Before expiration, you can voluntarily request early publication of your invention patent without paying fees. If the early publication statement complies with the regulations, the invention patent application will immediately enter preparation for publication after passing the preliminary examination); and the substantive examination will be started subsequently according to the applicant's request.
5-Legal Basis
"Patent Law"
Article 34: After receiving an invention patent application, the patent administration department of the State Council shall, after preliminary examination, determine that it meets the requirements If required by this law, it will be published immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to make the request within the time limit without justifiable reasons. If the application is subject to substantive examination, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 36 When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information retrieved by that country for the purpose of examining the application or the information on the examination results; if the application is overdue without justifiable reasons, If not submitted, the application will be deemed withdrawn.
Article 37 If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that the application does not comply with the provisions of this Law, it shall notify the applicant and require him to state his opinions within a specified time limit, or to The application shall be revised; if no reply is made within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Quoted from: Website of the Central People's Government of the People's Republic of China: /flfg/2008-12/28/content_1189755.htm