1. What does substantive patent examination mean?
What is substantive patent examination? Refers to the examination system in which the Patent Office examines the novelty, creativity and practicality of an invention and makes a decision on whether the invention meets the conditions for patent rights.
The prerequisite for substantive examination is that the applicant submits a request for beneficial examination. The applicant may request the Patent Office to conduct a substantive examination of his invention patent application at any time within three years from the priority date if he claims priority. If the applicant does not submit a request for substantive examination within the above period, the application will be deemed to have been withdrawn.
2. What are the situations in which patent substantive examination is rejected
When the Patent Office conducts a substantive examination of an invention patent application and finds that the application has the following circumstances, the application will be rejected.
(1) The subject of the application is not an invention;
(2) The subject of the application violates National laws, social ethics or harming public interests; the subject matter of the application belongs to a technical field in which patent rights are not granted;
(3) The subject matter of the application is not novel, Creativity and practicality;
(4) The subject matter of the application does not meet the requirement that "only one patent can be granted for the same invention and creation";
(5) The applicant is not the first patent applicant for the invention;
(6 ) The description of the application does not provide a clear and complete description of the invention and creation; the claims of the application do not use the description as a basis to explain the scope of patent protection required;
(7) ApplicationThe subject matter does not meet the requirements for unity of invention patent application;
(8) The modification of the application document or the divisional application exceeds the original description or claims The scope of the book’s records.
3. What is the content of patent 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 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 Comply 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 Article 31 of the Patent Law stipulations, that is, when the applicant makes amendments to the application or files a divisional application, whether it exceeds the scope recorded in the original description (including drawings) and claims;
(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 it complies with the provisions of Article 18 of the Implementing Rules of the Patent Law, that is, whether the drafting of the invention description in the patent application meets the prescribed requirements and describes the invention to be protected. The invention is clearly and completely described so that a person skilled in the technical field can realize it;
(7) Whether it complies with Article 20 of the Implementing Rules of the Patent Law stipulations, that is, whether the claims clearly and briefly state the scope of protection requested, whether the claims are based on the description, and whether the independent claims contain all necessary technical features to solve the technical problem to be solved by the invention.
(8) Whether it is consistent with the application claiming priority, if it is found that another person 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.
The above knowledge is the editor's answer to the question "What is the meaning of patent substantive examination?"According to the answer, the substantive examination of invention patents refers to the examination of whether the novelty, creativity, practicality and other characteristics of the patent meet the requirements of invention patents. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
