Legal analysis: 1. In China's patent law, the substantive examination mainly aims at invention patents, utility model patents and appearance patents by adopting the formal examination system. 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. In the process of substantive examination, the examiner will know the existing technology in the relevant fields of the application, and search in detail the existing technical documents published at home and abroad before the application date, so as to examine the substantive elements such as the "three characteristics" (novelty, creativity and practicality) of the application. When the examiner thinks that the application does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, a notice will be issued. The applicant needs to give a written reply to the questions raised in the notice within the reply period, which is what we often say. The replies of the examiner and the applicant can be repeated many times until the application is granted a patent right, rejected or deemed to have been withdrawn. 2. If patent authorization refers to the National Information Bureau, not every application can be authorized in the technology patent submitted by the applicant. Especially invention patents. The audit is particularly strict. If there are some problems with your technology, the National Knowledge Bureau will not grant this technology patent. If the patented technology can be authorized, the National Information Bureau will first send an authorization notice to the applicant. Getting the authorization notice means that this technology has become a patent. Just waiting for the patent certificate.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.