Formal examination system of patent examination

1- The substantive review system is generally divided into immediate review system and delayed review system. 2- Summary trial system, also known as one-time review system. After the formal examination of the application, the Patent Office immediately examines the contents of the patent application for novelty, creativity and practicality, without the applicant making a request for substantive examination to determine whether to grant the patent right. The advantage of instant examination system is that it can ensure the quality of patents granted patent rights, reduce litigation disputes and simplify examination procedures to some extent. Its disadvantage is that the examination and approval time is long and a huge patent examination institution is needed. At present, the United States, Canada, Sweden and other countries implement this censorship system. 3- Delayed review system, also known as early public request review system. That is, the patent office does not immediately conduct substantive examination after formal examination of the patent application, but makes the application public first, and the applicant can request substantive examination at any time within a period of time from the date of application. After the applicant makes a request for substantive examination, the Patent Office will conduct substantive examination only after the request is made public. 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. The statutory time limit for requesting substantive examination varies from country to country, which is roughly 2 ~ 7 years. Japan, West Germany, the Netherlands and other countries are seven years, Australia and other countries are five years, Brazil is two years and China is three years. 4- In practice, the application for patent for utility model and design adopts the preliminary examination system. China National Intellectual Property Administration only examines the form of patent application and whether there are obvious substantive defects. If it meets the formal requirements and no obvious substantive defects are found, a patent is granted; The application for a patent for invention shall be subject to the substantive examination system. China National Intellectual Property Administration not only examines the form of patent application, but also examines whether the content involved in the application conforms to the definition of invention, whether the specification clearly and completely explains the technical content of invention creation, whether the claim is clear and concise and supported by the specification, whether the invention to be protected is novel, creative and practical, whether the modification of the application documents is beyond the original specification, the scope recorded in the claim and other substantive issues. If no reason for rejection can be found, the patent right will be granted. In addition, China's patent law adopts the system of early publication and delayed examination, that is to say, after the preliminary examination, the application for a patent for invention will be published within 18 months from the date of filing (the applicant can voluntarily request the early publication of his invention patent before the expiration of the statutory publication period, without paying any fees, and if the early announcement meets the requirements, the application for a patent for invention will immediately enter the preparation for publication after passing the preliminary examination); Then, at the request of the applicant, the substantive examination begins. 5- The legal basis is Article 34 of the Patent Law. After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own. Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application. Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Article 37. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn. g//28/cotet_。 Suffix of html file