Patent examination and approval procedure
The examination and approval procedure of an application for a patent for invention mainly includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. The examination and approval procedure of an application for a patent for utility model or design mainly includes three stages: acceptance, preliminary examination and authorization. ?
2. Take the initiative to propose amendments to the application documents?
The applicant for a patent for invention may amend the application for a patent for invention within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage. ?
An applicant for a patent for utility model or design may, within two months from the date of application, voluntarily propose amendments to the application for a patent for utility model or design. ?
3. Reply to various notices from the Patent Office?
(1) The parties shall answer the questions pointed out in the notice of review opinions one by one within the prescribed time limit. The reply can agree with the examiner's opinion, and make corrections or amendments to the application according to the examination opinions; If you disagree with the examiner, you should state your own views and reasons. The reply shall indicate the application number, document serial number, reply notice name, publication date, etc. ?
(2) Defects in format or procedure can generally be eliminated by correction; Obvious substantive defects are generally difficult to eliminate through revision or modification. In most cases, we can only defend and state our opinions on whether there are or are obvious substantive defects. ?
(3) The modification of an application for a patent for invention or utility model shall not exceed the scope recorded in the original specification and claims, and the modification of an application for a patent for design shall not exceed the scope shown in the original picture or photograph. When submitting the revised document, a replacement page shall be attached in the prescribed format. ?
(4) The defence shall be filed in the prescribed form. Under normal circumstances, the formal or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, use a statement of opinion when replying. ?
(5) When replying to the legal procedure notice, in addition to eliminating the defects pointed out in the notice, the corresponding legal procedure documents should be resubmitted. For example, in response to the change of recorded items to not notified, in addition to submitting the corresponding documents as required, a statement on the change of recorded items should be submitted again. If the change fee is not paid or paid in full, the change declaration for the record items shall be submitted again at the same time as the change fee is paid; When replying to the notice of correction of the restoration procedure, the reasons for the loss of rights shall be eliminated and the request for restoration of rights shall be made again. ?