Substantive examination requires the applicant to submit a request for substantive examination to China National Intellectual Property Administration within three years from the date of patent application (priority date with priority).
Procedure for actual trial request: Submit the actual trial request (downloaded from China National Intellectual Property Administration website) within the above three years, and pay the actual trial fee of 2,500 yuan (if the fee is reduced, the unit only needs 750 yuan, and the individual only needs 375 yuan). )
You can wait after requesting the actual trial and payment. The examiner will issue a notice of examination opinions according to the specific circumstances of the patent application, and you can reply according to the notice of examination opinions.
Relevant legal knowledge
According to the provisions of Article 35 of the Patent Law, the Patent Office conducts substantive examination of the application for a patent for invention.
The purpose of substantive examination of an application for a patent for invention is to determine whether the application for a patent for invention should be granted a patent right, especially whether it conforms to the provisions of the Patent Law on novelty, creativity and practicality.
According to the first paragraph of Article 35 of the Patent Law, the substantive examination procedure is usually initiated after the applicant makes a request. According to the second paragraph of this article, the substantive examination procedure can also be initiated by the Patent Office.
According to Article 39 of the Patent Law, if the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office shall make a decision to grant the patent right for invention.
According to the provisions of Article 38 of the Patent Law, in the substantive examination, if the Patent Office considers that the application for a patent for invention still does not conform to the provisions of the Patent Law after the applicant has stated his opinions or made amendments, that is, there are still defects under the circumstances stipulated in Article 53 of the Detailed Rules for the Implementation of the Patent Law, it shall be rejected.
According to Article 32 of the Patent Law, the applicant may withdraw his patent application at any time before being granted the patent right. Article 36, paragraph 2, Article 37 of the Patent Law and Article 42, paragraph 2 of the Detailed Rules for the Implementation of the Patent Law also stipulate that a patent application shall be deemed as withdrawn in the substantive examination procedure.