How to deny an invention patent under substantive examination
If the invention patent does not meet the requirements of novelty and originality, the patent The Bureau will deny it.
What is patent substantive examination
Patent substantive examination refers to the patent office’s examination of the application. When applying, not only the formal requirements of the application will be reviewed, but also whether the invention-creation in the application meets the substantive requirements such as novelty, inventiveness and practicality.
Within three years from the filing date of an invention Patent application, the State Intellectual Property Office may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant is not justified If there is no reason to request substantive examination within the time limit, the application will be deemed to have been withdrawn. When the State Intellectual Property Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
Substantive examination means that the State Intellectual Property Office carefully studies the application documents of the invention patent application, searches for the invention required to be protected, and determines whether the invention complies with the patent law. and implementation regulations, and ultimately make a decision on whether to grant a patent right. Contents of substantive examination:
(1) Whether it complies with the provisions of Article 5 of the Patent Law, that is, whether the subject matter of the patent application violates national laws, social ethics or harms the public Interests;
(2) Whether it complies with the provisions of Article 25 of the Patent Law, that is, whether the subject matter of the patent application falls within the scope that cannot be granted patent rights;
(3) Whether it complies with the provisions of Article 33 of the Patent Law, that is, whether the patent application meets the requirements of unity;
(4) Whether it complies with the provisions of Article 31 of the Patent Law, that is, when the applicant modifies the application or files a divisional application, whether it exceeds the original description (including drawings) and claims. range;
(5) Whether it meets the definition of invention stipulated in the Patent Law and Implementing Regulations, that is, a new technical solution proposed for a product, method or improvement thereof.(6) Whether the writing of the patent application invention meets the prescribed requirements and provides a clear and complete description of the invention to be protected, so that the technology in the technical field to which it belongs can be Personnel can realize it;
(7) Whether the claim clearly and briefly states the scope of protection requested, whether the claim is based on the description, and whether the independent claim Contains all necessary technical features to solve the technical problem to be solved by the invention.
(8) Whether it is consistent with the situation where the application claims priority, if it is found that other people have filed another application on the same subject between the priority date and the filing date. If a patent application is filed, or if relevant documents disclosed during this period are found through search, the priority claim will be reviewed to see if it is established; at the same time, the patentability of the invention patent application will be judged based on the comparative documents retrieved.
Within three years from the filing date of an invention patent application, the State Intellectual Property Office may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant is not justified If there is no reason to request substantive examination within the time limit, the application will be deemed to have been withdrawn. When the State Intellectual Property Office deems it necessary, it may conduct a substantive examination of the invention patent application on its own.
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