Substantive review system and temporary protection period;
Generally speaking, the examination and approval system of invention patents has appeared formal examination system, immediate examination system and early public delayed examination system. The formal examination system is also called the registration system. For the registration system, after accepting the application, the patent application accepting organ often only reviews the formal issues such as whether the patent application procedures are complete and meet the prescribed writing requirements, but does not substantially review whether the technical scheme involved in the patent application is novel, creative and practical, and grants the registration authorization if the formal review is qualified.
The immediate examination system and the early public delayed examination system not only examine the patent application in form, but also examine the patent application in essence, mainly including the novelty, creativity and practicality of the patent application. The advantages of immediate examination system and early public extension examination system are that they can ensure the quality of patents and reduce disputes; The disadvantage is that a large team of examiners must be formed, the speed of invention disclosure is slow, and the process from application to approval is long.
Among them, for the instant examination system, the patent examination and approval authority does not need the applicant to put forward substantive examination requirements after formal examination of the patent application, that is, to examine the contents of the patent application for novelty, creativity and practicality to decide whether to grant the patent right; For the early public delayed examination system, the patent examination and approval authority does not immediately conduct substantive examination after the formal examination of the patent application, but makes the application public first. The applicant may request substantive examination at any time within a period of time from the date of application, and the Patent Office will conduct substantive examination only after the applicant requests substantive examination.
If the applicant fails to make a request for substantive examination within the statutory time limit, it shall be deemed as automatic withdrawal of the application.