What to do after passing the preliminary examination of the invention patent
You need to wait for the final notification .
For invention patents, preliminary examination is required first. After that, a substantive examination must be conducted, and only after the substantive examination can a patent be obtained. For substantive examination, some can be carried out immediately, while others can only be carried out after 18 days. Patent rights can protect our intellectual property rights and can effectively enhance people's enthusiasm for invention and creation. Patents in our country follow the first-to-file principle, so we must seize the opportunity and apply for our patents in time.
Related knowledge: Grasp the patent application time
my country's patents Article 9 of the Law stipulates: "If two or more applicants apply for patents for the same invention and creation, the patent right shall be awarded to the person who applied first." According to this regulation, companies should choose the time to apply, and usually the earlier the better.
1. Priority time for patent applications. Article 29 of my country’s Patent Law stipulates that claims for priority should be submitted within twelve months from the date of first application. According to this provision, if a company wants to claim priority, it will have 12 months to take the initiative.
2. Patent application disclosure time. Article 34 of my country's Patent Law stipulates: "After the Patent Administration Department of the State Council receives an application for an invention patent, and upon preliminary examination determines that it meets the requirements of this Law, it shall publish it immediately after eighteen months from the date of application. The Patent Administration Department of the State Council may Early publication of the application at the request of the applicant". Under this provision, companies can choose whether to request early publication and thus choose to "shorten" or "exhaust" the eighteen-month period.
3. Request time for practical examination of invention patent application. Paragraph 1 of Article 35 of my country's Patent Law stipulates: "Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application upon request made by the applicant at any time; if the applicant does not have justifiable reasons, If substantive examination is not requested within the time limit, the application will be deemed to have been withdrawn." Under this provision, companies will have three years to take the initiative. Time for replying to the Office Action Notice. According to the provisions of Article 37 of my country’s Patent Law, the time for an applicant to respond to the first notice of office action is generally four months, and the time to respond to the second and subsequent office actions is generally two months. According to patent According to the provisions of Paragraph 3 of Article 7 of the Implementing Rules of the Law, the applicant may also apply for an extension period, which is generally two months. These provisions give applicants several months to take the initiative.
To sum up, applying for an invention patent is a very complicated procedure. It needs to go through a series of procedures, and the application may not be successful. The main reason is that At this stage of qualification review, after the preliminary review, there is also a substantive review. Only after all passes, a patent can be obtained. If you still have any questions, please come to the Legal Savior Network for consultation.
