What is included in the substantive examination of appearance patents
Appearance patents only have formal examination and no substantive examination.
The substantive review system is divided into two types: immediate review system and delayed review system.
1. Instant review system, also known as one-time review system. That is, after the Patent Office conducts a formal examination of the application, without the applicant requesting a substantive examination, it will immediately examine the contents of the patent application for novelty, inventiveness and practicality to determine whether to grant the patent right. The advantage of the instant review system is that it can ensure the quality of the patent rights granted and reduce litigation disputes, which simplifies the review process to a certain extent. The disadvantage is that the approval time is long and a large patent examination agency is required. Currently, this censorship system is implemented in the United States, the Soviet Union, Canada, Sweden, India and other countries.
2. Delayed review system, also called early public request review system. That is, after the Patent Office conducts a formal examination of a patent application, it does not immediately conduct a substantive examination. Instead, it first makes the application public. The applicant can request a substantive examination at any time within a period of time from the date of application. After the applicant submits the substantive examination, After the request for examination, the Patent Office will only conduct a substantive examination if it has been disclosed. If the applicant does not submit a request for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. The statutory time limit for requesting substantive examination varies from country to country, ranging from 2 to 7 years. It takes 7 years in Japan, West Germany, and the Netherlands, 5 years in Australia and other countries, 2 years in Brazil, and 3 years in my country. The advantages of early disclosure of the delayed examination system are: it speeds up the exchange of patent information; it gives applicants sufficient time to consider whether and when to submit a request for substantive examination. Some of the applicants will give up their request for substantive examination based on the actual situation. , from the applicant's point of view, it avoids rejection, saves examination fees, and from the patent office's point of view, it reduces the workload of examination and approval, allowing the examiner to concentrate on examining and processing patent applications that have requested substantive examination. However, this review system takes too long, leaving patent applications pending for a long time and easily causing disputes. In addition, the period from early disclosure to the issuance of a patent certificate is a legal temporary protection period, during which the applicant's rights and interests cannot be fully and reliably protected. Overall, early public delaysThe examination system combines the advantages of formal examination and instant examination, solves the sharp contradictions that have arisen in the history of the development of the patent system, and is adopted by more and more countries.
Relevant legal basis
Patent Law Article 40 Utility model and design patent application procedures If no reason for rejection is found in the preliminary examination, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model patent rights and design patent rights take effect from the date of announcement.
The above is the relevant content introduced by the editor. In terms of patent applications, our country's regulations are relatively strict, and substantive examination is required. The patent is not only required to have novelty in appearance, but also to be practical. If you still don’t understand anything, you can come to the Legal Savior Network for legal consultation.
