When is the formal examination of the invention
You need to disclose your patent specification before you can check it. The premise is that you have made a request for early disclosure. This is generally It takes 8-10 months. After paying the substantive examination fee, you will basically enter the substantive examination stage. As long as you submit the substantive examination requirements and pay the fee, it doesn’t matter when you enter. What matters is when the examination results are announced, which usually takes at least more than a year. of.The Patent Law stipulates that the patent shall be published eighteen months after the patent application has been filed. The reason why you cannot find your patent online is because your patent is still in the confidentiality period. Regarding the substantive examination of patents in the Patent Law, within three years from the filing date of an invention patent application, 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.
"Patent Law" Article 35 Invention patent application shall commence from the filing date Within three years, 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substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Patent Examination Guidelines Part 1 Chapter 1 6.4.1 Relevant to Request for Substantive Examination Require.
The request for substantive examination should be submitted within three years from the filing date (if there is a priority date, the priority is), and within this period Pay the substantive examination fee.
Because the examination procedure for invention patents starts with preliminary examination, if qualified Only after passing the preliminary examination can you submit a substantive examination request to the Patent Office within three years from the filing date (priority date).
means that when the patent office examines an application, it must not only examine the formal requirements of the application, but also the invention in the application. The creation will be reviewed whether it meets the substantive requirements such as novelty, inventiveness and practicality.
According to China's "Patent Law", invention patents are subject to a substantive examination system, while utility model patents and design patents are subject to a formal examination system.
The latter also needs to meet the substantive requirements. When the patent administration department of the State Council deems it necessary, it can conduct a substantive examination of the invention patent application on its own.
The main process of invention patent application includes: submission of application--preliminary examination--publication stage--substantive examination- -Patent authorization.
What are the two types of substantive examination span>
The substantive review system is divided into immediate review system and delayed review system Two kinds.
1. Instant review system, also known as one-time review system. That is, after the Patent Office conducts a formal examination of the application, without the applicant requesting a substantive examination, it will immediately examine the contents of the patent application for novelty, inventiveness and practicality to determine whether to grant itPatent rights. 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.
From the above, the editor of Legal Savior Network introduced to you about the examination of the form of invention I believe everyone has a certain understanding of the question of when. The editor of the Legal Savior Network reminds everyone that if you have new products in your daily life, you must remember to apply for the corresponding patent. If you have any corresponding legal issues, you can also go to the Legal Savior Network to consult relevant lawyers.
