Does the patent application have to go through substantive examination?

Does the patent application have to go through substantive examination? At present, China's patents can be divided into three categories, and the examination of the three types of patents is different. Some patents need to pass preliminary examination and substantive examination at the same time, while others only need preliminary examination. So which categories have not passed the substantive examination in the patent application? Does the patent application have to go through substantive examination? Not necessarily, the application for patent for utility model and design adopts the formal examination system, also known as the registration system. Article 40 In the Patent Law, if the application for a patent for utility model or design is not found rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement. Preliminary examination After receiving an application for a patent for invention, the Intellectual Property Office enters the preliminary examination stage. The so-called preliminary examination is to examine whether the patent application meets the formal requirements and obvious substantive defects stipulated in the Patent Law and its detailed rules for implementation. (1) Formal review is mainly to review whether all kinds of application documents are complete, whether the prescribed format is used, and whether the documents are written in accordance with the prescribed format. This part of the review does not involve technical content, and the contents of the review mainly include: whether the patent request conforms to the prescribed format and meets the requirements; Whether the writing of the specification, its abstract and the claims meets the prescribed formal requirements, and whether the appended drawings meet the requirements of the appended drawings; If the applicant entrusts a patent agency to handle the patent application, whether there is a power of attorney; Whether a foreigner who has no habitual residence or business office in China applies for a patent conforms to the provisions of the Patent Law and is qualified to apply for a patent in China; Whether the foreign applicant entrusts a prescribed foreign-related patent agency to handle its patent application or other patent affairs; Whether the application fee has been paid. (2) the examination of obvious substantive defects is mainly to examine whether the contents of the patent application are obviously not in compliance with the law. This part of the examination actually involves the substantive content of the patent application, but unlike the substantive examination, it does not evaluate the novelty, creativity and practicality of the patent. This part is rich in content: whether the invention obviously violates national laws and harms social morality and public interests; Whether the theme of shenqing patent obviously does not belong to the scope of patent protection; Whether the patent application meets the requirements of oneness; Whether the applicant's modification of the application documents is obviously beyond the scope recorded in the original specification and claims. After preliminary examination, if the patent application does not meet the requirements in form or has obvious substantive defects, the Intellectual Property Office shall notify the applicant of its opinions, and the applicant shall make corrections within the prescribed or designated time limit. If no reply is made within the time limit, the application shall be deemed to have been withdrawn, and an application for reexamination shall be filed with the Patent Reexamination Board within the prescribed time limit. After the preliminary examination procedure of an application for a patent for invention is completed, if the preliminary examination conforms to the provisions of the Patent Law, the application shall be published at the expiration of 18 months from the date of application, and the Intellectual Property Office may also publish it in advance according to the requirements of the applicant. Does the patent application have to go through substantive examination? We are here to answer this question for you. If you want to apply for a patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, first-class business team and the concept of serving customers wholeheartedly, which will definitely help you apply smoothly.