Brief introduction of patent examination system in China

Substantive review system. It should be noted that if the invention is mature, it can be put into the market earlier, and it is easy to be copied by competitors, then the request for substantive examination should be made as soon as possible, and even the request for substantive examination can be made at the same time as the patent application, because the earlier it is filed, the earlier it will enter the substantive examination procedure, so that the patent right can be granted as soon as possible. If the market prospect of the invention is not clear, or the product of the invention may appear in the market after a long time, you can make a request for substantive examination in the future, so as to have enough time to investigate and study the market demand and the value of the invention, and then decide whether to make a request for substantive examination. Article 22 of the Patent Law of People's Republic of China (PRC) stipulates that inventions and utility models that are granted patent rights shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.