What is the order of patent disclosure and substantive examination
Invention patents must first be disclosed and then substantively examined. Because the review takes a long time.
Patent substantive examination refers to the patent office’s examination of the invention. An examination system that examines novelty, inventiveness and practicality and determines whether an invention qualifies for patent rights.
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 Sexual censorship. Immediately after the Patent Office conducts a formal review of the application, without the applicant requesting a substantive review, it will immediately review the content 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, the United States, Canada, Sweden and other countries implement this censorship system.
2. Delayed examination system, also called early public request examination system. That is, the Patent Office conducts formal examination of patent applications. After that, the substantive examination will not be carried out immediately, but the application will be made public first. The applicant can request a substantive examination at any time within a period of time from the date of application. After the applicant files a request for substantive examination, if it has been made public, The patent office only conducts substantive examination. 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for substantive examination within the statutory time limit, the application will be deemed to have been automatically withdrawn. Countries have different statutory time limits for requesting substantive examination.
Patents generally need to be disclosed and then substantively examined. The instant examination system is a form of instant patent office review of applications. After the review, the contents of the patent application will be reviewed for novelty, inventiveness and practicality to determine whether to grant the patent right. If you want to know more about other related issues, please feel free to consult the Legal Savior Network for free legal consultation.
