How many times will an invention patent be reviewed? If it fails, you can apply for reexamination.
The maximum number of times the patent office can send examination opinions during the practical examination stage of an invention patent
There is no regulation on the maximum number of times a notice of examination action can be sent during the substantive examination stage of an invention patent.
When the examiner discovers during the substantive examination stage that the patent application has problems that do not comply with the provisions of the Patent Law and its implementing regulations, he will issue a notice of examination action. If After receiving the examination action notice, the applicant provides answers and opinions to the examiner's questions within the specified time and obtains the examiner's consent. If the examiner does not find any new problems during the subsequent examination, an authorization notice will be issued. ; However, if the examiner discovers new problems during the subsequent examination, he or she will issue another examination action notice.
Therefore, there is no fixed answer to how many times an examination action notice will be issued.
The examination of an invention patent goes through several stages
1. Acceptance stage
After receiving the Kunming invention patent application, the Patent Office will review it. If it meets the acceptance conditions, the Patent Office will determine the application On the day, an application number will be given, and after the document list has been verified, a notice of acceptance will be issued to notify the applicant.
2. Preliminary review stage
After acceptance If the application fee is paid in accordance with regulations, the patent application will automatically enter the preliminary examination stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures.
3. Publication stage
The invention patent application enters the publicity stage from the issuance of the preliminary examination qualification notice. If the application If the person has not made a request for early disclosure, he will have to wait until 15 months from the date of application to enter the disclosure preparation process.
4. Substantive examination stage
strong>After the invention patent application is published, if the applicant has submitted a substantive examination request and it has taken effect, the applicant will enter the substantive examination procedure. If the invention patent application has been If no request for substantive examination has been made after three years from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
5 , Authorization stage
If no reason for rejection is found after substantive examination of the invention patent application, the examiner will issue an authorization notice and the application will enter the preparation stage for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and revising the bibliographic items of the patent application, the Patent Office shall issue an authorization notice and a registration formality notice. The applicant shall within 2 months after receiving the notice Complete the registration formalities in accordance with the requirements of the notice and pay the prescribed fees. If the registration formalities are completed on time, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette three months later. Complying with the registration procedures in accordance with the regulations will be regarded as giving up the right to obtain patent rights.
How many times will an invention patent be reviewed? Before applying for an invention patent, you'd better be able to Understand the specific review standards clearly to ensure that you can pass the review in one go and avoid failing the review all the time. If you are not clear about the specific content during the invention patent review, you can come to the Legal Savior website to find a professional lawyer who can provide one-on-one services at any time.
