What is the substantive examination of a patent application?

The so-called substantive examination means that China National Intellectual Property Administration carefully studies the application documents of an application for a patent for invention, searches for the invention to be protected, determines whether the invention conforms to the provisions of the Patent Law and its detailed rules for implementation, and finally decides whether to grant a patent right.

The contents of the substantive review include:

Whether it conforms to the provisions of Articles 5 and 25 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social morality or hinders public interests, and whether it belongs to the scope where the patent right cannot be granted; Whether it conforms to the provisions of Article 3 1 of the Patent Law, that is, whether the applicant has exceeded the scope recorded in the original specification (including the attached drawings) and the claims when modifying the application or application scheme; Whether it meets the provisions of Article 33 of the Patent Law, that is, whether the patent application meets the requirements of oneness; Whether it conforms to the definition of invention stipulated in the Patent Law and its detailed rules for implementation, that is, the new technical scheme proposed for the product, method or its improvement; Whether it meets the provisions of Article 18 of the Detailed Rules for the Implementation of the Patent Law, that is, whether the invention writing of the patent application meets the specified requirements, and make a clear and complete description of the invention to enable the technical personnel in the technical field to realize whether it meets the provisions of Article 20 of the Detailed Rules for the Implementation of the Patent Law, that is, whether the claim clearly and concisely expresses the scope of the requested protection, whether the claim is based on the specification, and whether the independent claim contains all necessary technologies to solve the technical problems of the invention. And whether it meets the priority requirements of the application.