What is the substantive examination stage of invention patents
Substantial examination is a process that an invention patent application must undergo before it is granted. stage. The purpose of substantive examination of an invention patent application is to determine whether the invention patent application should be granted a patent right, especially to determine whether it complies with the provisions of the Patent Law on novelty, inventiveness and practicality. The substantive examination procedure is usually initiated upon request by the applicant. If no reason for rejection is found after substantive examination of the invention patent application, the Patent Office will make a decision to grant the invention patent right.
Substantial examination requires the applicant to start from the filing date of the patent. (If there is priority, it refers to the priority date) Submit a request for substantive examination to the State Intellectual Property Office within three years.
Relevant legal knowledge
According to According to Article 35 of the Patent Law, the Patent Office conducts substantive examination of invention patent applications.
The purpose of substantive examination of an invention patent application is to determine whether the invention patent application should be granted a patent right, especially to determine whether it complies with the provisions of the Patent law on novelty, creativity and practicality.
According to the provisions of Article 35, paragraph 1, of the Patent Law, The substantive examination procedure is usually initiated after the applicant files a request. According to the second paragraph of this article, the substantive examination procedure can also be initiated by the patent office.
According to the provisions of Article 39 of the Patent Law, if no reason for rejection of an invention patent application is found after substantive examination, the Patent Office shall make a decision to grant the invention Determination of patent rights.
According to the Third Patent Law According to the provisions of Article 18, during the substantive examination, after the applicant has stated his opinions or made 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, there is still a situation that falls within the provisions of Article 53 of the Implementing Rules of the Patent Law. Defects shall be rejected.
According to the Patent Law According to the provisions of Article 32, the applicant may withdraw his patent application at any time before the patent right is granted. Article 36, Paragraph 2 and Article 37 of the Patent Law and Article 42, Paragraph 4 of the Implementing Rules of the Patent Law Paragraph 2 also stipulates the circumstances under which a patent application is deemed to have been withdrawn during the substantive examination procedure.
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