What are the substantive examinations of invention patents?
Patent application is different from trademark application. Patent application not only examines the formal requirements, but also examines the novelty of the patent. So, what are the procedures for substantive examination of invention patents? The following is a detailed introduction of Bian Xiao. What are the procedures for substantive examination of invention patents? 1. Procedure for substantive examination of invention patent (1) After substantive examination of an application for a patent for invention, if the examiner thinks that the application does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, he shall notify the applicant and ask him to state his opinions or modify his application within a specified time limit; Notice issued by the examiner (notice of examination opinions, notice of division or notice of submission of information, etc.). ) and the applicant's reply may be repeated many times until the application is granted a patent right, rejected, withdrawn or deemed withdrawn; (2) For an application for a patent for which no reason for rejection is found after substantive examination or the original defects have been eliminated after statement or modification by the applicant, the examiner shall issue a notice of granting a patent right for invention; (three) after the applicant's statement or amendment, the patent application still has the defects listed in Article 53 of the Detailed Rules for the Implementation of the Patent Law, and the examiner shall reject it; (4) If the applicant fails to reply to the notice of examination opinions, the notice of division or the notice of submission of materials within the time limit without justifiable reasons, the examiner shall issue an application as a notice of withdrawal. In addition, according to the requirements, the examiner can also use auxiliary means such as meeting, telephone discussion and on-site investigation in the substantive examination procedure in accordance with the provisions of this Guide. Second, the difference between formal examination and substantive examination 1, substantive examination is conducted at the request of the applicant, and the applicant needs to pay the fee at the same time. If the applicant fails to pay the fee or make a request within the prescribed time limit, even if the application for invention has been published, it will be regarded as withdrawn, that is, the contribution to society is futile and the patent right cannot be obtained. The request for preliminary examination was made by default when the application was submitted. Applicants only need to pay the basic application fee and publication fee and submit documents that meet the legal requirements, so that their applications can enter the preliminary examination procedure. 2. The content of substantive examination is much more than that of preliminary examination, and the requirements are relatively strict, which puts forward higher standards in novelty, creativity and practicality, disclosure of instructions, and whether the writing of claims meets the requirements. If it meets the standard, it will be authorized, and if it does not meet the standard, it will be rejected. 3. Because the examiner's standard is higher and the workload is bigger, the duration of the substantive examination procedure is much longer than that of the preliminary examination. For example, the preliminary examination may only take 3 months, while the substantive examination often takes 1-3 years or even longer. During this period, the applicant needs to submit the reply opinions and amendments to the application documents within the specified time according to the requirements of the examiner until the application documents meet the authorization standards. Otherwise, the examiner has the right to refuse.