Is it easy to enter the substantive examination stage for an invention patent?

Patents in my country are mainly divided into three categories, namely invention patents, utility patents and design patents. Among them, invention patents adopt a two-level examination system, namely preliminary examination and substantive examination. After the preliminary examination is passed, substantive examination is carried out. So is it easy for invention patents to enter the substantive examination stage? The editor of Legal Savior Network will answer the questions for readers below. .

Is it easy for an invention patent to enter the substantive examination stage

Invention patent process The preliminary examination is conducted before the substantive examination stage. The main contents of the preliminary examination include two parts:

(1) Examine the format of Patent application documents: Check whether the patent application documents are complete and whether their format complies with regulations, for example: whether each column in the request is filled out completely and correctly, and whether The application fee, etc. have been paid as required. For those who pass the examination, the Patent Office will issue a grant notification (usually within one month) and give a patent application number.

(2) Review of patent application content: Whether it "violates national laws, social ethics or harms public interests"; whether it clearly falls within the scope of "not granting patent rights" stipulated in Article 25 of the Patent Law; whether it belongs to national security or major interests and requires confidentiality, etc.

Preliminary examination is relatively easy, as long as the patent application documents are complete, their formats comply with regulations, and they do not violate national laws, social ethics or hinderThe public interest will pass.

What is an invention patent

Invention in the patent law refers to the invention of products , methods or new technical solutions proposed by their improvements. Its characteristics are: first, the invention is a new technical solution. It is a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments. It generally consists of several technical features. Secondly, inventions are divided into two types: product inventions and method inventions. Product inventions include all items created by humans, and method inventions include all methods that utilize the laws of nature through inventions and creations. Method inventions can be divided into two types: manufacturing methods and operating methods. In addition, inventions protected by patent law can also be improvements to existing products or methods.

The invention for which patent rights are granted must be novel. , creativity and practicality. Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used domestically, or otherwise known to the public, nor has the same invention or utility model been disclosed to the public by others. The patent administration department of the State Council has filed an application and it is recorded in the patent application documents published after the application date. Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention can be manufactured or used and can produce positive effects.

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