How long do you have to wait after the first substantive examination defense?

If you want to apply for a patent for your invention, you need to go through many stages, such as substantive examination, which is very important. A defense is required during the first substantive examination. Some people participated in the defense but there was no follow-up. The specific time is not sure. So, how long do you have to wait after the first substantive examination defense? The editor of Legal Savior Network has made a relevant introduction, you can take a look.

How long to wait after the first substantive examination defense

First examination Once the opinion notice is answered, it will be authorized or rejected, or a second notice will be issued. Even if the patent enters the substantive examination stage, it may not be authorized, and may also be rejected or withdrawn, thus becoming an invalid patent.

The time for patent substantive examination is uncertain and depends on the content of the invention, the examiner’s understanding of the invention, the examiner’s work schedule, and the examiner Time for correspondence with the applicant or his/her attorney. Of course, if the first reply fails to solve the problem, there may be a second or third reply, which may take a little longer.

Article 41 of the Patent Law stipulates that the patent administration department of the State Council shall establish a patent reexamination committee. If a patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he may request a reexamination to the Patent Reexamination Board within three months from the date of receipt of the notice. After review, the Patent Reexamination Board will make a decision and notify the patent applicant.

If a patent applicant is dissatisfied with the reexamination decision of the Patent Reexamination Board, he may file a lawsuit with the People's Court within three months from the date of receipt of the notice.

How long do you have to wait after the first substantive examination defense? There are several procedures in the substantive examination. The certificate is not issued immediately after just the defense. , it depends on the actual situation. You don’t know how to deal with the first substantive examination defense. With the help of lawyers on the Legal Savior Network, you can solve it more smoothly.