What are the conditions for substantive examination to take effect
1. Novelty: means that there is no similar product before the filing date The invention or utility model has been publicly published in domestic and foreign publications, publicly used domestically, or otherwise known to the public, and no other person has applied for the same invention or utility model to the Patent Administration Department of the State Council and it is recorded in the application In the patent application documents published in the future.
2. Creativity: refers to the time before the same application date Compared with the existing technology, this utility model has Substantial features and progress.
3. Practicality: refers to the utility model Able to be made or used and capable of producing a positive effect.
Substantive review content of the patent
(1) The applicant is submitting When the time limit for a request for substantive examination expires and no request for substantive examination has been made, the examiner shall issue a time limitExpiration notice;
(2) Already stipulated If a request for substantive examination has been submitted and the substantive examination fee has been paid within the time limit, but other regulations are still not met, a "Notice of Supplement and Correction" shall be issued to notify the applicant to make rectifications within the prescribed time limit; if the applicant has not made rectifications upon expiration of the time limit, or the rectifications still do not meet the requirements , issue a notice that a request for substantive examination has not been made, and notify the applicant;
(3) If the request for substantive examination is submitted late or is still unqualified after correction, or if the substantive examination fee is overdue or not paid in full, the application will be deemed to be withdrawn;
(4) If the substantive examination request is qualified, in Before entering the substantive examination, the examiner shall issue a notice of entering the substantive examination procedure to notify the applicant.
According to Article 35 of the Patent Law According to the regulations, the Patent Office conducts substantive examination of invention patent applications.
The purpose of substantive examination of invention patent applications is to Determine whether an invention patent application should be granted patent rights, especially whether it complies with the provisions of the Patent Law on novelty, inventiveness and practicality.
According to the provisions of Paragraph 1 of Article 35, the substantive examination procedure is usually initiated after the applicant files a request. According to the provisions of Paragraph 2 of this Article, the substantive examination procedure may also be initiated by the Patent Office.
In accordance with the provisions of Article 39, an invention patent application must be substantively If no reason for rejection is found during the review, the Patent Office shall make a decision to grant the invention patent right.
Article 38: During the substantive examination, after the applicant states his opinions or makes modifications to the invention patent application, the Patent Office believes that it still does not comply with the provisions of the Patent Law, that is, it still falls under the Patent Law. Any defect in the circumstances specified in Article 53 of the Implementing Regulations shall be rejected.
Article 32, the applicant may withdraw his patent application at any time before the patent right is granted. Article 36, Paragraph 2, Article 37 of the Patent Law and the Implementation of the Patent Law Paragraph 2 of Article 42 of the Rules also stipulates the circumstances in which a patent application is deemed to have been withdrawn during the substantive examination procedure.
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