Several stages of patent actual examination

Compared with the examination process of utility model patents and design patents, the examination process of invention patents is a little more complicated, with two more stages: the publication stage and the actual examination stage. It takes a long time from submission of materials to authorization, and it usually takes two to three years to get the authorization certificate.

1, acceptance stage

After receiving the application for a patent for invention in Kunming, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.

2. Preliminary review stage

If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.

3. Publishing stage

The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.

4. Substantive review stage

After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. Where an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn.

5. Authorization stage

If the application for a patent for invention is not found to be rejected after substantive examination, the examiner shall issue a notice of authorization and apply for authorization for registration preparation. After examining the legal effect and completeness of the authorized text and proofreading and modifying the description items of the patent application, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities and pay the prescribed fees within 2 months according to the requirements of the notice. If the registration formalities are completed on schedule, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin three months later. Failure to go through the registration formalities as required shall be regarded as giving up the right to obtain the patent right.