What is the national patent substantive examination cycle?
According to my country's Patent law It is stipulated that the substantive examination of a national patent is generally announced within 18 months after the formal examination is passed. The specific time required depends on the actual situation.
"Patent Law of the People's Republic of China"
Article 34: After the patent administration department of the State Council receives an invention patent application, and upon preliminary examination determines that it meets the requirements of this Law, it shall be eighteen months from the date of application. Will be announced immediately. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
Contents of patent substantive examination
(1) Application Whether the subject matter of the patent is an invention within the meaning of the Patent Law and its implementing regulations, and whether it falls within the scope that cannot be granted patent rights.
(2) Whether the subject matter of the patent application violates national laws, social ethics or harms public interests.
(3) Whether the patent application meets the requirements for unity of invention.
(4) If the applicant files an amendment or divisional application to the application, does it exceed the scope recorded in the original description (including drawings) and claims? .
(5) When the application claims priority, if it is found that another person has filed another patent on the same subject between the priority date and the filing date. If you apply, or if a search finds that there are relevant comparative documents published during this period, you should review whether the priority claim is established.
(6) Based onThe retrieved comparative documents are used to determine whether the technical solution claimed in the invention patent application is novel and creative, and whether the claimed invention is practical.
(7) Whether the description has given a clear and complete description of the invention claimed in the invention patent application, enabling those skilled in the field to realize it.
(8) Whether the claim clearly and briefly states the scope of the requested protection, whether the claim is based on the description, and whether the independent claim includes the The necessary technical features of the technical problem to be solved by the invention.
Some of the above substantive issues have been covered in the preliminary examination, but the preliminary examination only solved the obvious substantive defects, which will be further examined in the substantive examination. .
What is an invention patent?
According to the Second Patent Law According to the first paragraph of Article 1, inventions as mentioned in the Patent Law refer to new technical solutions proposed for products, methods or their improvements.
(1) An invention is a new technical solution
A technical solution refers to the application of The specific idea of natural laws to solve a specific technical problem in human production and life is a plan that uses natural laws and natural forces to produce certain effects. The classic textbook of the World Intellectual Property Organization points out: Invention is a thinking activity of the human brain and a technical solution that uses the laws of nature to solve various problems in production, scientific research, and experiments.
Technical solutions generally consist of several technical features. For example, the technical features of product technical solutions can be the shape, structure, composition, size, etc. of parts, components, materials, appliances, equipment, devices, etc.; the technical features of method technical solutions can be processes, steps, processes, the time involved, Temperature, pressure, equipment and tools used, etc. The interrelationships between various technical features are also technical features.
Scientific discoveries and scientific theories are people’s understanding of unknown substances, phenomena or change processes that objectively exist in nature and their summary of their laws, and do not belong to patent law. The so-called inventions and creations are therefore not the objects of protection by patent law.
(2) Inventions are divided into two types: product inventions and method inventions
Product inventions include all items created by humans, such as inventions for machines, equipment, components, instruments, devices, appliances, materials, compositions, compounds, etc. Method inventions include all inventions that utilize the laws of nature Methods. It can also be divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing processes, testing methods or product usage methods.
Inventions protected by patent law can also be improvements to existing products or methods. Most inventions are improvements to existing technologies, such as new combinations of certain technical features, modifications of certain technical features, etc. Making new choices, etc., as long as this combination or choice produces new technical effects, it is an invention that can be protected by patent.
The above knowledge is the editor’s understanding of The answer to the question "What is the substantive examination cycle of national patents?" According to the provisions of China's patent law, the substantive examination of national patents is generally announced within 18 months after the formal examination is passed. The specific time depends on the actual situation. Determined. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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