When to Submit Invention Patent Substantial Examination Fees
When you are close to submitting the substantive When there are 3 or 5 months left in the time limit for the examination request, the State Intellectual Property Office will issue you a notice of expiration of the substantive examination request period, and only then will you be notified to pay the substantive examination fee.
However, you can pay the substantive examination fee after applying until the expiration of the request for substantive examination. The choice is yours.
How to apply for patent registration
(一)Prepare materials
Prepare application documents, including request, description, claims, description, drawings, and instructions. Design patents must include a request, pictures or photos, and a brief description. You can go to the National Patent Office service point to obtain the corresponding form. Please pay attention to the following items in the format of the application documents:
1. Fill in the form in black handwriting. The handwriting must be clear and without alteration.
2. Use simplified Chinese characters.
3. Table forms are used and cannot be written in columns.
4. Practical standard form, A4 paper, in duplicate.
5. The attached drawings need to be produced with a black ink tank drawing tool.
6. Write page numbers in order.
(2) Submit materials
Submit materials, you can choose two ways to submit materials,
1. Go directly to the lobby of the Patent Office or the local patent agency window.
2. Submit by mail, but only EMS can be used, express delivery and surface mail are not allowed.
(3) Waiting for notification
Accept the National Patent Office The issuance of the acceptance notice means that the patent application has officially entered the approval process.
(4) Pay the application fee
Pay the application fee. In addition to paying the fee directly at the Patent Office Charge Office or the Patent Office Agency, you can also pay the application fee through bank or post office remittance. When paying the fee, you should pay attention to write down the application number, and ask the bank or post office staff to enter the patent application number, Name, address, zip code, etc. But you should not mail cash directly to the patent office, as no one will accept it. Please note that payment must be made within 15 working days from the date of receipt of the acceptance notice.
(5) Waiting for review
The Patent Office’s review of the application Examination, first of all, preliminary examination. For patent applications other than inventions, as long as they pass the preliminary examination, the patent can be granted, and unqualified modifications can be resubmitted. For invention patents, a preliminary examination is required first. After passing the examination, a substantive examination is required. Only after the substantive examination can the patent be obtained. For substantive examination, some can be carried out immediately, while others can only be carried out after 18 days.
(6) Receive a patent certificate.
What are the characteristics of substantive examination of invention patents
Substantial examination of invention patents is only required during the application process. Utility model patents and design patents do not have this stage. Invention patents must be examined. If not examined, they will not be authorized.
After the invention patent application is published, if the applicant has submitted a substantive examination request and it has taken effect, the applicant will enter the substantive examination procedure. If the invention patent application is fromIf no request for substantive examination is made after 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 according to regulations.
When should we submit the practical examination fees for invention patents? The specific time for submitting the practical examination fees for invention patents should be determined based on the circumstances of the application. It is recommended that you be able to do so before patent examination. Know the specific review criteria. Regarding the specific content and actual requirements for submitting invention patent examination fees, you should consult with a professional lawyer on the Legal Savior Network.
