How to check how many times a patent has been approved
According to the "Patent Law" According to the regulations, when the patent management department examines the patent, if the patent has reasons for rejection, the patent management department will notify the applicant to make corrections. The application will know how many times it has passed the review just by looking at how many times it has been rejected.
"Patent Law of the People's Republic of China"
Article 37 Patent Administration Department of the State Council After conducting a substantive examination of an invention patent application, if it is found that it does not comply with the provisions of this Law, the applicant shall be notified and required to state its opinions within a specified time limit or make modifications to the application; if the application is not responded to within the time limit without justifiable reasons, the application shall be deemed to be invalid. considered withdrawn.
Article 38 If the patent administration department of the State Council still considers that the application for an invention patent does not comply with the provisions of this Law after the applicant has stated its opinions or made modifications, it shall revoke the application. turn down.
Article 39: If no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention patent right and issue the invention The patent certificate shall be registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
Article 40 If no reason for rejection is found after preliminary examination of a utility model or design patent application, the patent administration department of the State Council shall make a decision to grant the utility model patent right or design patent right. The decision on the design patent right shall be issued with a corresponding patent certificate, and shall be registered and announced at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
How many priority rights can be required for a patent application? Times
The number of times you can claim priority is the same as the number of times you apply for a patent.It depends on the number. For a patent application, if there are several previous patent applications with related content, you can request the priority of several patents, but it must be filed at once. As long as you apply for several patents within the specified period, you can apply for priority several times.
The problem is this: First, there are two situations in which priority can be obtained. One is when you apply for a patent in China, but you want to import your patent into other countries, then you can claim priority at this time. When you want your patent to enter a country, you can apply to the PCT organization for priority rights to enter that country. The second is that you have already applied for a patent, but you have invented and created a patent that is related to the patent you applied for first. Then you can apply for priority to the National Patent Office at this time and give priority to the filing date of this patent. to the filing date of the previously filed patent.
The so-called patent application priority means that after the applicant files a patent application for the first time in one country, he applies to other countries for the same subject matter within a certain period of time. When filing a patent application, he can enjoy the right to precede other applicants, that is, the date of filing the application in the first country shall be regarded as the filing date in that country.
Principles of Preliminary Examination of Patents
In Part One, Section 1 On the basis of the examination principles in Section 15.2.1 of Chapter 2 "Preliminary Examination of Utility Model Patent Applications", the original examination principles were supplemented and improved according to the unified requirements of the three types of patents for preliminary examination, and the examination principles for preliminary examination were formulated. It is clarified that the examiner shall abide by the following principles during the preliminary examination procedure:
(1) Confidentiality principle
(2) Written review principle
(3) Hearing principle
( 4) The principle of procedural economy
emphasizes the confidentiality responsibilities and obligations that the examiner should have in the preliminary examination procedure; the written examination principle clarifies that in the preliminary examination procedure "In principle, no meeting will be held", because there are many review cases in the preliminary review, and the scope of the review is formal review and review of obvious substantive defects. The defects in the application documents can generally be solved through corrections, so there is no need to The applicant is required to meet, conduct product demonstrations or provide samples. However, if the applicant takes the initiative to meet with the examiner for advice, it will be in the spirit of serving the applicant.The meeting should also be conducted seriously in the spirit of the hearing principle; the hearing principle clearly states that "the examiner shall notify the applicant of the facts, reasons and evidence on which the rejection is based before making the decision to reject"; in the principle of procedural economy, it is reiterated that in order to improve the In order to improve the efficiency of examination, the examiner should try his best to point out all defects in one correction notice; retain the principle of serving the parties and clearly inform the parties of the subsequent legal procedures.
The above knowledge is the editor's answer to the question "How to check how many times a patent has been reviewed and passed?" According to the provisions of the patent law, when the patent management department reviews a patent , if there are reasons for rejection of the patent, the patent management department will notify the applicant to make corrections. Just look at how many times the application has been rejected to know how many times it has passed the review. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
