Legal subjectivity:
When applying for a patent, substantive examination refers to the patent office’s examination of whether the applicant’s inventions and utility models are novel, creative and practical. Whether the design is an existing design, whether someone has applied for it, etc. will be reviewed. Legal objectivity:
"Patent Law of the People's Republic of China"
Article 5
For violations of law, social morality or obstruction of public rights No patent rights are granted for inventions and creations that benefit others.
"Patent Law of the People's Republic of China"
Article 22
Inventions and utility models for which patent rights are granted shall possess novelty , creativity and practicality.
"Patent Law of the People's Republic of China"
Article 35
Within three years from the date of application for an invention patent, the Patent Administration of the State Council shall The department may conduct substantive examination of the application based on the request made by the applicant at any time;
If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.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.