What is the time limit for requesting substantive examination
Invention patent Within three years from the date of application, the patent administration department of the State Council may conduct a preliminary review of the application based on the request made by the applicant at any time; if the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Invention patent application process
According to the patent law, invention The approval process for patent applications is divided into five stages: acceptance, preliminary examination, publication, substantive examination and authorization:
(1) Acceptance stage
The Patent Office will review the patent application after receiving it. If the acceptance conditions are met, the Patent Office will determine the application date, give the application number, and after verifying the document list, issue an acceptance notice and notify the application. people. If the application documents are not typed, printed or illegible, or have been altered; or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred or altered; or the application documents are incomplete; or the request is missing The applicant's name and address are unknown; or the patent application category is unclear or cannot be determined; and patent applications submitted directly by foreign entities and individuals without a foreign-related patent agency will not be accepted.
(2) Preliminary review stage
If an accepted patent application pays the application fee in accordance with regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the invention patent application must first undergo a confidentiality review. If confidentiality is required, it shall be handled according to confidentiality procedures.
During the preliminary examination, the application must be examined to see if there are obvious flaws, which mainly includes whether the content of the review falls within the scope of the Patent Law that does not grant patent rights.Whether there is an obvious lack of technical content that cannot constitute a technical solution, whether there is a lack of unity, whether the application documents are complete and whether the format meets the requirements. If you are a foreign applicant, you will also need to undergo a qualification review and application procedures review. If the application is unqualified, the Patent Office will notify the applicant to make corrections or state opinions within the prescribed time limit. If the applicant fails to respond within the time limit, the application will be deemed to have been withdrawn. If the defect has not been eliminated after the reply, it shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and design patent applications, in addition to the above review, it is also necessary to review whether they are obviously the same as existing patents and are not a new technical solution or new design. If no reason for rejection is found after the preliminary examination. Will go directly to the authorization order.
(3) Publication stage
The invention patent application starts from the issuance of the preliminary examination qualification notice. During the publication stage, if the applicant does not make a request for early disclosure, it will not enter the disclosure preparation process until 18 months from the date of application. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant obtains the right to temporary protection.
(4) Substantive examination stage
After the invention patent application is published, if the applicant has If a request for substantive examination has been submitted and has taken effect, the applicant shall enter the substantive examination procedure. If the applicant has not submitted a request for substantive examination within three years from the date of application, or the request for substantive examination has not taken effect, the application will be deemed to have been withdrawn.
During the actual examination, a comprehensive review will be conducted on whether the patent application has novelty, creativity, practicality and other substantive conditions stipulated in the patent law. If upon review it is determined that the authorization conditions are not met or there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn, and the application still does not meet the requirements after multiple replies. , be dismissed. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
(5) Authorization stage
Utility model and design patent applications undergo preliminary review and The invention patent application was rejected after substantive examination and no findings were found.If there are any reasons, the examiner shall issue an authorization notice and the application shall be prepared for authorization registration. After reviewing the legal validity and completeness of the authorization text and proofreading and revising the bibliographic items of the patent application, the Patent Office shall issue an authorization notice and handle registration. After receiving the notice of formalities, the applicant shall complete the registration formalities and pay the prescribed fees within 2 months in accordance with the requirements of the notice. If the registration formalities are completed on time, the Patent Office will grant the patent right, issue a patent certificate, and register in the patent registration form. It shall be recorded in the book and announced in the Patent Gazette two months later. Failure to complete the registration procedures as required shall be deemed to have given up the right to obtain the patent right.
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