1. How to handle patent examination procedures
1. 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. is deemed to be withdrawn;The Patent Administration Department of the State Council establishes a Patent Reexamination Committee.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.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, it shall, after preliminary examination, If it is deemed to meet the requirements of this Law, it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Article 37: If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that it does not comply with the provisions of this Law, it shall notify The applicant is required to state its opinions or make modifications to its application within a specified time limit; if it fails to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
2. How long will the patent substantive examination last?
1. The substantive examination of the invention is conducted in the substantive examination department of the Patent Office. The examiner evaluates the patent by searching domestic and foreign patent documents and public publications. The "novelty", "creativeness" and "practicability" of the application must also be reviewed to see whether the drafting of the patent document meets the requirements, such as whether it meets the requirements of "unity", "sufficiency of disclosure", whether "modification exceeds the scope", etc. .
2. The substantive examination must be conducted after the invention is published. The publication required by law is conducted 18 months from the date of application. Some applicants They are willing to disclose the content of their inventions in advance, so patent applications will be made public in 6-10 months. Usually, the examiner at the substantive examination stage will issue at least one examination opinion notice to the applicant or his agent. The examination opinions can reflect the possibility of authorization of the invention and the existing defects. Review comments generally include format errors, novelty issues, inventiveness issues, sufficient disclosure, singleness issues, etc.
3. The time for patent substantive examination is uncertain, usually 6-18 months, depending on the content of the invention, the examiner's understanding of the invention and the examiner's understanding of the invention. work arrangements and the time for document correspondence between the examiner and the applicant or its agent. The standard fee for substantive examination of invention patents is 2,500 yuan/piece.
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