How long does it take for a patent substantive examination request to take effect?

Whether a Patent can be approved generally requires certain procedures. Generally, the application should be submitted to the relevant industrial and commercial administration department. After review by the department, it will be determined whether it is passed or not. Below, the editor of Legal Savior Network will compile relevant information on the validity of patent substantive examination requests. For everyone to read, I hope it will be helpful to everyone.

How long does the patent substantive examination request take effect?

How long does it take for the patent substantive examination to take effect? Unsure, it depends on the content of the invention, the examiner’s understanding of the invention, the examiner’s work schedule, and the time for document correspondence between the examiner and the applicant or his agent.

The substantive examination of the invention is conducted in the substantive examination department of the Patent Office. The examiner evaluates the "novelty" of the patent application by searching domestic and foreign patent documents and public publications. "Practice", "creativeness" and "practicability", and at the same time, it is also necessary to review whether the drafting of the patent document meets the requirements, such as whether it meets the requirements of "unity", whether "the disclosure is sufficient", whether the "modification exceeds the scope", etc.

Patent review

Patent application is submitted to the State Intellectual Property Office You will receive a notification of acceptance later and will be reviewed after paying the full fee. Patent examination is divided into preliminary examination and substantive examination, with the latter only focusing on invention patents.

When the patent application is in the review stage, the applicant also They have no right to prevent others from infringing upon their rights. However, after the invention patent is published, the applicant can ask the infringer to stop the infringement and pay appropriate royalties, and the infringer can also refuse. After the patent is granted, the applicant can pursue infringement liability against the infringer through judicial procedures and demand compensation.

The above is the relevant information compiled by the editor of Legal Savior Network regarding the effective time of patent substantive examination requests. In summary, we can understand that it should be determined according to the relevant content of the application. Invention patents shall be reviewed according to substantive examination. If you have any other questions, please feel free to consult online.