What should be paid attention to during the actual patent examination
State Intellectual Property Office Patent Office During the substantive examination of an invention patent application, if it is found that the application has the following circumstances, the application will be rejected:
(1) The subject of the application is not an invention;
(2) The subject of the application violates national laws, Social morality or harming public interests;
(3) The subject matter of the application belongs to a technical field in which patent rights are not granted;
(4) The subject of the application does not have novelty, creativity or practicality;
(5) The subject of the application does not meet the requirements of "the application for the same "Only one patent can be granted for an invention-creation";
(6) The application description does not provide a clear and complete description of the invention-creation; The claims are not based on the description to explain the scope of patent protection required;
(7) The subject matter of the application does not meet the unity requirement for invention patent applications Regulations;
(8) The modification of the application document or the division of the application exceeds the scope recorded in the original description or claims.
What are the two types of substantive examination
Substantial examination The 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, specializedAfter the Patent Office conducts a formal review of the application, it will immediately review the novelty, inventiveness and practicality of the content of the patent application to determine whether to grant the patent right without the applicant requesting a substantive review. 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.
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.
What should we pay attention to during the actual patent examination? You need to pay more attention to these contents before the actual patent examination to ensure that the results of the patent examination can be implemented smoothly and quickly. It is the best choice to come to the Legal Savior website to find a professional lawyer to provide you with consulting services. The lawyer will answer any questions you have about the problems that arise during the actual patent review.
