Question 2: Several stages of actual patent examination The examination process of invention patent is a little more complicated than that of utility model patent and design patent. There are also two stages: the publication stage and the actual review stage. It takes a long time from the submission of materials to the authorization, and it usually takes two to three years to get the authorization certificate.
1, acceptance stage
After receiving the application for a patent for invention in Kunming, the Patent Office will examine it. If the conditions for acceptance are met, the Patent Office shall determine the date of application, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant.
2. Preliminary review stage
If the accepted patent application pays the application fee in accordance with the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must be examined in confidentiality, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.
3. Publishing stage
The application for a patent for invention has entered the publication stage since the issuance of the notice of preliminary examination. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months after the application date.
4. Substantive review stage
After the publication of the application for a patent for invention, if the applicant makes a request for substantive examination and it has taken effect, the applicant will enter the actual trial procedure. Where an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn.
5. Authorization stage
If the application for a patent for invention is not found to be rejected after substantive examination, the examiner shall issue a notice of authorization and apply for authorization for registration preparation. After examining the legal effect and completeness of the authorized text and proofreading and modifying the description items of the patent application, the Patent Office shall issue a notice of authorization and a notice of registration. After receiving the notice, the applicant shall go through the registration formalities and pay the prescribed fees within 2 months according to the requirements of the notice. If the registration formalities are completed on schedule, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin three months later. Failure to go through the registration formalities as required shall be regarded as giving up the right to obtain the patent right.
Question 3: Hello, I'd like to ask what's the difference between the actual trial and the publicity during the trial of the invention patent application. Please answer this question. Generally, patents are made public before substantive examination, but many customers make substantive examination in advance in order to speed up the examination progress, so the public and substantive examination will come together, and they will review their opinions after entering substantive examination for six months to one year, hoping to answer your questions.
Question 4: What do you mean by trying? It just passed the exam, didn't it? Well, the invention patent is divided into two stages, preliminary examination and substantive examination. The substantive examination refers to the actual examination. That is, after the invention patent has passed the preliminary examination and paid the substantive examination fee, it will enter the substantive examination and begin the substantive examination. The substantive examination mainly focuses on the creativity of the patent, and the long substantive examination time does not mean that the patent is passed.
Question 5: What does the examination of patent substance mean? The examination of patent substance means that the patent office should not only examine the formal requirements of the application, but also examine whether the invention in the application meets the substantive requirements of novelty, creativity and practicality.
According to China's patent law, invention patents are subject to substantive examination, while utility model patents and design patents are subject to formal examination. The latter also needs to meet substantive requirements. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Question 6: How does the invention patent enter the real trial after the preliminary examination? Submit the actual trial request to enter the actual trial stage. You don't need to prepare any materials, but you have to pay the request fee for substantive examination.
When submitting the actual trial request, it may be submitted in advance or not. Early announcement refers to the announcement immediately after passing the preliminary examination. It doesn't matter if you don't submit an advance notice. 18 months later, you will be announced naturally.
Question 7: What is the specific procedure of patent application? If the applicant fails to go through the formalities for actually hearing the request, the Patent Office will wait for the applicant to go through the formalities for actually hearing the request; If, after three years from the date of application, the applicant fails to make a request for actual trial or the request for actual trial does not take effect, the application shall be deemed to have been withdrawn. Applications that enter the actual trial procedure will wait for the actual trial in the order of entering the actual trial procedure. In the actual trial, the examiner will, on the basis of retrieval, conduct a comprehensive review of whether the patent application is novel, creative, practical and other substantive conditions stipulated in the patent law. Upon examination, if it is found that it does not meet the authorization conditions or there are various defects, it shall notify the applicant to state his opinions or make amendments within the specified time (the time limit for the first review of the reply notice is 4 months). If the applicant fails to reply within the specified time limit, the application shall be deemed to be withdrawn. After at least one reply or amendment, it still does not meet the requirements, and the application is rejected. Due to the complexity of the actual trial, the review period generally takes 1 year or longer. If the application for a patent for invention finds no reason for rejection in the substantive examination, or the defects have been eliminated after the applicant modifies the statement, the examiner will issue a notice of authorization, and the application will enter the stage of authorization preparation as required.
Question 8: In the patent application, the column of case status is "one-way case review". What does this mean? Five points. That's the term for an application for a patent for invention. A phone call represents the first review of the notice of opinion, and the representative of returning the case reaches the examiner. The actual examination of this case means that the patent has entered the actual examination and has issued the first notice of examination opinions. You or the patent agency will refute Patent examiners's uncreative opinions according to the examination results, and submit these opinions to the Patent Office. The examiner will conduct a second trial according to your rebuttal. If the rebuttal is valid, the examiner will issue an authorization notice. If it is invalid, the examiner will issue a second review notice, and so on. Hope to adopt!
Question 9: What is the meaning of substantive examination in patent examination?
The substantive examination procedure of an application for a patent for invention is initiated mainly based on the applicant's request for substantive examination.
In order to start the substantive examination procedure, the applicant shall make a formal substantive examination request within 3 years from the date of filing an application or claiming priority in China. If no substantive examination is requested during this period, the application will be deemed to be withdrawn.
Question 10: What does "actual examination" mean in the state of invention patent examination? You submitted a request for substantive examination on behalf of your invention patent, paid the substantive examination fee, and are currently conducting substantive examination, which does not mean authorization. If novelty and creativity are confirmed after examination, an award-winning notice will be issued, which means that you are authorized to register immediately.