Substantive examination procedure of invention patent
Patent application is different from trademark application. Patent application not only examines the formal requirements, but also examines the novelty of the patent. So, what are the procedures for substantive examination of invention patents? Next, Bajie Intellectual Property takes you to know the relevant knowledge. After substantial examination, the examiner thinks that the application for a patent for invention (1) is not in conformity with the relevant provisions of the Patent Law and its detailed rules for implementation, and shall notify the applicant and ask him to state his opinions or amend the application within a specified time limit; Notice issued by the examiner (notice of examination opinions, notice of division or notice of submission of information, etc.). ) and the applicant's reply may be repeated many times until the application is granted a patent right, rejected, withdrawn or deemed withdrawn; (2) For an application for a patent for which no reason for rejection is found after substantive examination or the original defects have been eliminated after statement or modification by the applicant, the examiner shall issue a notice of granting a patent right for invention; (three) after the applicant's statement or amendment, the patent application still has the defects listed in Article 53 of the Detailed Rules for the Implementation of the Patent Law, and the examiner shall reject it; (4) If the applicant fails to reply to the notice of examination opinions, the notice of division or the notice of submission of materials within the time limit without justifiable reasons, the examiner shall issue an application as a notice of withdrawal. In addition, according to the requirements, the examiner can also use auxiliary means such as meeting, telephone discussion and on-site investigation in the substantive examination procedure in accordance with the provisions of this Guide.