How to write a request for substantive examination of an invention patent
Sample request for substantive examination of invention patent
1. Applicant
Name or designation
Nationality
Address
Representative’s phone number
2. Patent agency Organization
Name
Address
Agent’s name
Registration number
3. According to the patent law, the following Objection to patent application.
Announcement of application date of application number Japan
Invention name
4. List of attachments
□ Reference materials related to the present invention before the filing date
□ The foreign country’s information for searching the applicationMaterials
□The result of foreign review of the application Information
5. Remarks
6. The examination fee is XX yuan, which has been collected through □ Post Office □ Bank Patent Office The payment is due
Invention patent application process
1. Invention patent granting procedure: Application - Acceptance (application number, application date ) - Preliminary examination - Publication - Substantive examination - Authorization and certification (announcement, the patent is valid for 20 years) six stages.
2. Grant of utility model patents and design patents Procedure: four stages: application - acceptance (application number, application date) - preliminary examination - authorization and issuance (announcement, patent validity period is 10 years).
Specifically:
1. Application - The documents that should be submitted for invention and utility model patent applications include a request, claims, description, Description drawings, description abstract and other documents. Documents that should be submitted for design patent application include request letter, pictures or photos, brief description and other relevant documents.
2. Acceptance--After receiving the patent application documents, the Patent Office of the State Intellectual Property Office will issue an acceptance notice and determine the patent application date. Grant a patent application number. Applications that lack necessary application documents or otherwise violate legal requirements will not be accepted.
3. Preliminary examination--after receiving the application documents, the Patent Office will first conduct a formal examination of the application documents, fee payment, etc. If the applicant fails the preliminary examination, the applicant shall Make corrections or state opinions; if it still does not meet the requirements, it will be rejected. If a utility model or design patent application passes the preliminary examination and no reason for rejection is found, it will directly enter the authorization procedure for authorization.
4. Publication --- (unique to invention patent applications) If the invention patent application passes the preliminary examination, Entering this stage. If the Patent Office determines after preliminary examination that it meets the requirements of the Patent Law, it will be published in the "Invention Patent Gazette" immediately after eighteen months from the date of application. The Patent Office may also publish the application as early as possible at the request of the applicant.
5. Substantive examination---(invention patent Application-specific) Within 3 years from the filing date, the Patent Office may conduct a substantive examination of the application upon request made by the applicant at any time. If the applicant does not make a request during this period, the application will be deemed to have been withdrawn. However, due to force majeure or If a request is not made in time for other legitimate reasons, a certificate can be issued and the request can be made again. When the Patent Office deems it necessary, it can also conduct a substantive examination of the invention patent application on its own.
6. Authorization--after the invention patent application has been reviewed, After the preliminary examination of utility model and design patents, if no reason for rejection is found, the patent right will be granted and a patent certificate will be issued. Patents authorized and issued with patent certificates shall be announced and registered in the "Invention Patent Bulletin", and the patent rights will take effect from the date of announcement.
The above are the relevant inventions introduced by the editor Here are the key points of writing a request for patent substantive examination. In fact, you only need to fill in some necessary information. If you don’t understand, you can directly consult the relevant patent handling staff. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
