Which stage in the patent application process does the actual patent examination belong to?
After obtaining the patent, the patent applicant needs to apply to the patent administration department, which will review the application after accepting it, and the patent examination can be divided into two different stages: substantive examination and preliminary examination. So which stage in the patent application process does the actual patent examination belong to? Which stage in the patent application process does the actual patent examination belong to? The substantive examination is a necessary stage before the invention patent application is authorized. The purpose of substantive examination of an application for a patent for invention is to determine whether the application for a patent for invention should be granted a patent right, especially whether it conforms to the provisions of the Patent Law on novelty, creativity and practicality. The substantive examination procedure is usually initiated by the applicant at his request. If the application for a patent for invention is not found to be rejected after substantive examination, the Patent Office will make a decision to grant the patent right for invention. Substantive examination requires the applicant to submit a request for substantive examination to China National Intellectual Property Administration within three years from the date of patent application (priority date with priority). Procedure for actual trial request: Submit the actual trial request (downloaded from China National Intellectual Property Administration website) within the above three years, and pay the actual trial fee of 2,500 yuan (if the fee is reduced, the unit only needs 750 yuan, and the individual only needs 375 yuan). You can wait after requesting the actual inspection and payment. The examiner will issue a notice of examination opinions according to the specific circumstances of the patent application, and you can reply according to the notice of examination opinions. Types of patent substantive examination The substantive examination system can be divided into immediate examination system and delayed examination system. 1. Immediate review 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. 2. Deferred 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. The above knowledge is what stage in the patent application process our actual patent examination belongs to? According to the patent law, the substantive examination of an invention patent is the most important stage before the invention patent is authorized, and the invention patent can only be authorized through the substantive examination.