Is it difficult for an application for a patent for invention to pass substantive examination?

The substantive examination of an application for a patent for invention is not easy to pass. According to relevant laws and regulations, invention patents should be novel, creative and practical. And the applicant should have the right and ability to apply. After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it is not in conformity with the provisions of this Law, and may notify the parties concerned to amend or reissue the certificate. If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

legal ground

Article 36 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

Article 37

After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.