Will a notice of acceptance be issued for patent substantive examination applications
Based on the patent According to the provisions of the law, after the applicant applies for substantive examination, if the examination is passed, a notice of acceptance will not be issued. If the substantive examination finds that the patent does not comply with the regulations, a notice will be issued to the applicant.
"Patent Law of the People's Republic of China"
Article 35 Application for an invention patent shall be made from Within three years from the date of application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
Article 36: When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an invention patent application has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified period of time the information that the country will search for to review the application. or review results; if the application is not submitted within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 37 If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that it does not comply with the provisions of this Law, it shall notify the applicant and require him or her to State your opinions or make modifications to your application within the specified time limit; if you fail to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 38 If the patent administration department of the State Council still considers that the application for an invention patent does not comply with the provisions of this Law after the applicant has stated its opinions or made modifications, it shall revoke the application. turn down.
Article 39 Invention PatentsIf no reason for rejection is found after substantive examination of the application, the patent administration department of the State Council will make a decision to grant the invention patent right, issue an invention patent certificate, and register and announce the application at the same time. The invention patent right shall take effect from the date of announcement.
What is invention patent?
(1) Invention It is a new technical solution
Technical solution refers to the specific idea of using the laws of nature to solve a specific technical problem in human production and life. It is the use of natural laws , a plan that uses natural forces to produce a certain effect. Technical solutions generally consist of several technical features. For example, the technical features of product technical solutions can be the shape, structure, composition, size, etc. of parts, components, materials, appliances, equipment, devices, etc.; the technical features of method technical solutions can be processes, steps, processes, the time involved, Temperature, pressure, equipment and tools used, etc. The interrelationships between various technical features are also technical features.
(2) Inventions are divided into two types: product inventions and method inventions
Product inventions Includes all objects created by humans, such as inventions for machines, equipment, components, instruments, devices, appliances, materials, compositions, compounds, etc. Method inventions include all methods that exploit the laws of nature. It can be divided into two types: manufacturing methods and operating methods, such as inventions made on processing methods, manufacturing processes, testing methods or product usage methods.
Inventions protected by patent law can also be improvements to existing products or methods. The vast majority of inventions are improvements to existing technologies, such as new combinations of certain technical features, new selections of certain technical features, etc. As long as this combination or selection produces new technical effects, they can Inventions protected by patents.
What is the substantive examination of invention patents
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The substantive examination of the invention is conducted in the substantive examination department of the Patent Office. The examiner evaluates the patent application by searching domestic and foreign patent documents and public publications. "Novelty", "creativeness" and "practicability", and at the same time, it is also necessary to review whether the drafting of the patent document meets the requirements, such as whether it meets the "unity" and whether "the disclosure is sufficient", whether to "modify out of scope" and so on.
Substantive examination must be conducted after the invention is announced. The publication required by law is to be conducted 18 months from the filing date. Some applicants are willing to advance Disclose the content of the invention, so a patent application will be made public in 6-10 months. Usually, the examiner at the substantive examination stage will issue at least one examination opinion notice to the applicant or his agent. The examination opinions can reflect the possibility of authorization of the invention and the existing defects. Review comments generally include format errors, novelty issues, inventiveness issues, sufficient disclosure, singleness issues, etc.
The time for patent substantive examination is uncertain, generally 6-18 months, depending on the content of the invention, the examiner's understanding of the invention and the examiner's work Arrangements and time for correspondence between the examiner and the applicant or its attorney. The standard fee for substantive examination of invention patents is 2,500 yuan/piece.
The above knowledge is the editor’s answer to the question “Will a notice of acceptance be issued for a patent substantive examination application?” According to the provisions of the Patent Law, the applicant After applying for substantive examination, if the examination is passed, a notice of acceptance will not be issued. If the substantive examination finds that the patent does not comply with the regulations, a notice will be issued to the applicant. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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